{"id":"sl-2024-12","name":"Magistrates Court (Fair Trading Australian Consumer Law Infringement Notices) Regulation 2024","slug":"magistrates-court-fair-trading-australian-consumer-law-infringement-notices-regulation-2024","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"12 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173483,"registerId":"act-sl-2024-12-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Magistrates Court (Fair Trading Australian Consumer Law Infringement Notices) Regulation 2024","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMagistrates Court (Fair Trading\nAustralian Consumer Law Infringement\nNotices) Regulation 2024\nSL2024-12\nmade under the\nMagistrates Court Act 1930\nRepublication No 1\nEffective: 16 July 2024\nRepublication date: 16 July 2024\nRegulation not amended\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Magistrates Court (Fair Trading Australian Consumer Law\nInfringement Notices) Regulation 2024, made under the Magistrates Court Act 1930 (including\nany amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force\non 16 July 2024. It also includes any commencement, repeal or expiry affecting this republished\nlaw.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial amendments\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR1\n16/07/24\nMagistrates Court (Fair Trading Australian Consumer\nLaw Infringement Notices) Regulation 2024\nEffective: 16/07/24\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMagistrates Court (Fair Trading\nAustralian Consumer Law Infringement\nNotices) Regulation 2024\nmade under the\nMagistrates Court Act 1930\nContents\nPage\n1 Name of regulation 2\n2 Dictionary 2\n3 Notes 2\n4 Purpose of regulation 2\n5 Administering authority 2\n6 Infringement notice offence 3\n7 Infringement notice penalty 3\n8 Contents of infringement notices—identifying authorised person 3\n9 Contents of infringement notices—other information 3\n\nContents\nPage\ncontents 2 Magistrates Court (Fair Trading Australian Consumer\nLaw Infringement Notices) Regulation 2024\nEffective: 16/07/24\nR1\n16/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10 Contents of reminder notices—identifying authorised person 4\n11 Authorised person for infringement notice offences 4\n12 Prescribed person—Act, s 135 (1) 4\nDictionary 5\nEndnotes\n1 About the endnotes 6\n2 Abbreviation key 6\n3 Legislation history 7\n\nR1\n16/07/24\nMagistrates Court (Fair Trading Australian Consumer\nLaw Infringement Notices) Regulation 2024\nEffective: 16/07/24\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMagistrates Court (Fair Trading\nAustralian Consumer Law Infringement\nNotices) Regulation 2024\nmade under the\nMagistrates Court Act 1930\n\nSection 1\npage 2 Magistrates Court (Fair Trading Australian Consumer\nLaw Infringement Notices) Regulation 2024\nEffective: 16/07/24\nR1\n16/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of regulation\nThis regulation is the Magistrates Court (Fair Trading Australian\nConsumer Law Infringement Notices) Regulation 2024.\n2 Dictionary\nThe dictionary at the end of this regulation is part of this regulation.\nNote 1 The dictionary at the end of this regulation defines certain terms used in\nthis regulation.\nNote 2 A definition in the dictionary applies to the entire regulation unless the\ndefinition, or another provision of the regulation, provides otherwise or\nthe contrary intention otherwise appears (see Legislation Act, s 155 and\ns 156 (1)).\n3 Notes\nA note included in this regulation is explanatory and is not part of this\nregulation.\n4 Purpose of regulation\nThe purpose of this regulation is to provide for infringement notices\nunder the Magistrates Court Act 1930, part 3.8 for an offence against\nthe relevant provision.\nNote The Magistrates Court Act 1930, pt 3.8 provides a system of infringement\nnotices for offences against various territory laws. The infringement\nnotice system is intended to provide an alternative to prosecution.\n5 Administering authority\nThe administering authority for an infringement notice offence\nagainst the relevant provision is the commissioner for fair trading.\n\nSection 6\nR1\n16/07/24\nMagistrates Court (Fair Trading Australian Consumer\nLaw Infringement Notices) Regulation 2024\nEffective: 16/07/24\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Infringement notice offence\nThe Magistrates Court Act 1930, part 3.8 applies to an offence against\nthe relevant provision.\n7 Infringement notice penalty\n(1) The penalty payable by an individual for an offence against the\nrelevant provision, under an infringement notice for the offence, is\n$960.\n(2) The penalty payable by a corporation for an offence against the\nrelevant provision, under an infringement notice for the offence, is\n$4 800.\n(3) The cost of serving a reminder notice for an infringement notice\noffence against the relevant provision is $34.\n8 Contents of infringement notices—identifying authorised\nperson\nAn infringement notice served on a person by an authorised person\nfor an infringement notice offence against the relevant provision must\nidentify the authorised person by—\n(a) the authorised person’s full name, or surname and initials; or\n(b) any unique number given, for this regulation, to the authorised\nperson by the administering authority.\n9 Contents of infringement notices—other information\n(1) An infringement notice served on a company by an authorised person\nfor an infringement notice offence against the relevant provision must\ninclude the company’s ACN.\nNote This requirement under this section is additional to the requirement under\nthe Magistrates Court Act 1930, s 121 (1) (c).\n\nSection 10\npage 4 Magistrates Court (Fair Trading Australian Consumer\nLaw Infringement Notices) Regulation 2024\nEffective: 16/07/24\nR1\n16/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) In this section:\ncompany means a company registered under the Corporations Act.\n10 Contents of reminder notices—identifying authorised\nperson\nA reminder notice served on a person by an authorised person for an\ninfringement notice offence against the relevant provision must\nidentify the authorised person by—\n(a) the authorised person’s full name, or surname and initials; or\n(b) any unique number given, for this regulation, to the authorised\nperson by the administering authority.\n11 Authorised person for infringement notice offences\nAn authorised person may serve the following:\n(a) an infringement notice for an infringement notice offence\nagainst the relevant provision;\n(b) a reminder notice for an infringement notice offence against the\nrelevant provision.\n12 Prescribed person—Act, s 135 (1)\nA public servant is prescribed.\n\nDictionary\nR1\n16/07/24\nMagistrates Court (Fair Trading Australian Consumer\nLaw Infringement Notices) Regulation 2024\nEffective: 16/07/24\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions relevant to this regulation.\nFor example:\n• corporation\n• Corporations Act\n• individual\n• public servant.\nNote 2 Terms used in this regulation have the same meaning that they have in\nthe Magistrates Court Act 1930. For example, the following terms are\ndefined in that Act, dict:\n• administering authority\n• infringement notice\n• infringement notice offence\n• infringement notice penalty\n• reminder notice.\nauthorised person means an investigator appointed under the Fair\nTrading (Australian Consumer Law) Act 1992, section 36.\nrelevant provision means the Fair Trading (Australian Consumer\nLaw) Act 1992, section 34GA (1).\n\nEndnotes\n1 About the endnotes\npage 6 Magistrates Court (Fair Trading Australian Consumer\nLaw Infringement Notices) Regulation 2024\nEffective: 16/07/24\nR1\n16/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR1\n16/07/24\nMagistrates Court (Fair Trading Australian Consumer\nLaw Infringement Notices) Regulation 2024\nEffective: 16/07/24\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis regulation was made as part of the Housing and Consumer Affairs Legislation\nAmendment Act 2024 (see A2024-29, s 5 and sch 2) and is taken to have been made\nunder the Magistrates Court Act 1930 A1930-21 (see A2024-29, s 5 (1)).\nMagistrates Court (Fair Trading Australian Consumer Law\nInfringement Notices) Regulation 2024 SL2024-12\ntaken to have been notified LR 9 July 2024 (A2024-29 s 5 (2) (a))\ns 1 commenced 9 July 2024 (LA s 75 (1))\nremainder commenced 16 July 2024 (A2024-29 s 5 (2) (b))\n© Australian Capital Territory 2024","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This regulation implements an infringement-notice regime for the specific offence in Fair Trading (Australian Consumer Law) Act s34GA by prescribing penalties, reminder fees, notice content and authorised servers. It does not expand the set of offences beyond the identified provision; it operationalises enforcement details rather than changing substantive scope."},"complexity_factors":["Narrow, procedural focus: prescribes who issues notices, required notice contents, and fixed penalty amounts (low substantive law change).","Cross-references: relies on Magistrates Court Act part 3.8 and Fair Trading (Australian Consumer Law) Act s34GA and s36, requiring readers to consult multiple Acts.","Differential penalties: separate fixed amounts for individuals and corporations and a separate reminder-service cost increase compliance/accounting complexity.","Identification rules: specifies authorised-person identification options and requires company ACN on notices, adding administrative detail for enforcement and service (ss 8–9, 10).","Limited discretion: delegation to the commissioner for fair trading to administer and to investigators to serve notices concentrates decision-making within the public service (s 5; dictionary).","Low litigation complexity but implementation risk: factual disputes over service, identity, and corporate status may generate contested enforcement proceedings."],"plain_english_summary":"Adds a regulation allowing infringement notices (on-the-spot fines) under the Magistrates Court Act for breaches of s34GA of the Fair Trading (Australian Consumer Law) Act. It prescribes fixed penalties ($960 for individuals; $4,800 for corporations), a $34 reminder fee, the commissioner for fair trading as administering authority, and authorised investigators as the people who may serve notices. The measure creates an out-of-court enforcement pathway: officials issue notices and regulated persons bear the payment and compliance burden."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a new regulation (2024) with a narrow, specific purpose: establishing infringement notice procedures for a particular offence under the Fair Trading (Australian Consumer Law) Act 1992. It has not grown beyond its original intent; it does exactly what its title suggests and no more."},"complexity_factors":["Very short regulation (12 sections plus dictionary)","Only 2 defined terms in the dictionary ('authorised person' and 'relevant provision')","Minimal cross-referencing—primarily refers to parent Act (Magistrates Court Act 1930) and Fair Trading (Australian Consumer Law) Act 1992","No nested exceptions or conditional logic","Straightforward administrative provisions (identifying authorised persons, setting penalty amounts)","Single purpose instrument with no substantive policy complexity"],"plain_english_summary":"This regulation lets authorised fair trading investigators in the ACT issue on‑the‑spot infringement notices for certain consumer law breaches instead of prosecuting in court. It affects businesses and individuals who breach the specified Fair Trading (Australian Consumer Law) offence, the investigators who issue notices, and the Commissioner who administers the scheme. Penalties are set ($960 for individuals, $4,800 for corporations, plus a $34 reminder fee), offering a quicker, cheaper alternative to court."}},"importantCases":[],"_links":{"self":"/api/acts/magistrates-court-fair-trading-australian-consumer-law-infringement-notices-regulation-2024","history":"/api/acts/magistrates-court-fair-trading-australian-consumer-law-infringement-notices-regulation-2024/history","analysis":"/api/acts/magistrates-court-fair-trading-australian-consumer-law-infringement-notices-regulation-2024/analysis","conflicts":"/api/acts/magistrates-court-fair-trading-australian-consumer-law-infringement-notices-regulation-2024/conflicts","importantCases":"/api/acts/magistrates-court-fair-trading-australian-consumer-law-infringement-notices-regulation-2024/important-cases","documents":"/api/acts/magistrates-court-fair-trading-australian-consumer-law-infringement-notices-regulation-2024/documents"}}