{"id":"sl-2024-18","name":"Magistrates Court (Professional Engineers Infringement Notices) Regulation 2024","slug":"magistrates-court-professional-engineers-infringement-notices-regulation-2024","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"18 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173509,"registerId":"act-sl-2024-18-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Magistrates Court (Professional Engineers Infringement Notices) Regulation 2024","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMagistrates Court (Professional\nEngineers Infringement Notices)\nRegulation 2024\nSL2024-18\nmade under the\nMagistrates Court Act 1930\nRepublication No 1\nEffective: 6 March 2025\nRepublication date: 6 March 2025\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 (Professional Engineers Infringement Notices)\nRegulation 2024, made under the Magistrates Court Act 1930 (including any amendment made\nunder the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 6 March 2025. It\nalso includes any commencement, repeal or expiry affecting this republished law.\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 changes\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\n06/03/25\nMagistrates Court (Professional Engineers Infringement\nNotices) Regulation 2024\nEffective: 06/03/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMagistrates Court (Professional\nEngineers Infringement Notices)\nRegulation 2024\nmade under the\nMagistrates Court Act 1930\nContents\nPage\n1 Name of regulation 2\n3 Dictionary 2\n4 Notes 2\n5 Purpose of regulation 2\n6 Administering authority 2\n7 Infringement notice offences 3\n8 Infringement notice penalties 3\n9 Contents of infringement notices—identifying authorised person 3\n10 Contents of infringement notices—other information 4\n\nContents\nPage\ncontents 2 Magistrates Court (Professional Engineers Infringement\nNotices) Regulation 2024\nEffective: 06/03/25\nR1\n06/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n11 Contents of reminder notices—identifying authorised person 4\n12 Authorised people for infringement notice offences 4\nSchedule 1 Professional Engineers Act 2023 infringement\nnotice offences and penalties 6\nDictionary 7\nEndnotes\n1 About the endnotes 8\n2 Abbreviation key 8\n3 Legislation history 9\n4 Amendment history 9\n\nR1\n06/03/25\nMagistrates Court (Professional Engineers Infringement\nNotices) Regulation 2024\nEffective: 06/03/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMagistrates Court (Professional\nEngineers Infringement Notices)\nRegulation 2024\nmade under the\nMagistrates Court Act 1930\n\nSection 1\npage 2 Magistrates Court (Professional Engineers Infringement\nNotices) Regulation 2024\nEffective: 06/03/25\nR1\n06/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of regulation\nThis regulation is the Magistrates Court (Professional Engineers\nInfringement Notices) Regulation 2024.\n3 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)).\n4 Notes\nA note included in this regulation is explanatory and is not part of this\nregulation.\n5 Purpose of regulation\nThe purpose of this regulation is to provide for infringement notices\nunder the Magistrates Court Act 1930, part 3.8 for certain offences\nagainst the Professional Engineers Act 2023.\nNote The Magistrates Court Act 1930, pt 3.8 provides a system of\ninfringement notices for offences against various territory laws. The\ninfringement notice system is intended to provide an alternative to\nprosecution.\n6 Administering authority\nThe administering authority for an infringement notice offence\nagainst the Professional Engineers Act 2023 is the professional\nengineers registrar.\n\nSection 7\nR1\n06/03/25\nMagistrates Court (Professional Engineers Infringement\nNotices) Regulation 2024\nEffective: 06/03/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n7 Infringement notice offences\nThe Magistrates Court Act 1930, part 3.8 applies to an offence against\na provision of the Professional Engineers Act 2023 mentioned in\nschedule 1, column 2.\n8 Infringement notice penalties\n(1) The penalty payable by an individual for an offence against the\nProfessional Engineers Act 2023, under an infringement notice for\nthe offence, is the amount mentioned in schedule 1, column 4 for the\noffence.\n(2) The penalty payable by a corporation for an offence against the\nProfessional Engineers Act 2023, under an infringement notice for\nthe offence, is 5 times the amount mentioned in schedule 1, column 4\nfor the offence.\n(3) The cost of serving a reminder notice for an infringement notice\noffence against the Professional Engineers Act 2023 is $34.\n9 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 Professional Engineers\nAct 2023 must identify the authorised person by—\n(a) the person’s full name, or surname and initials; or\n(b) any unique number given, for this regulation, to the person by\nthe administering authority.\n\nSection 10\npage 4 Magistrates Court (Professional Engineers Infringement\nNotices) Regulation 2024\nEffective: 06/03/25\nR1\n06/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10 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 Professional Engineers\nAct 2023 must include the company’s ACN.\nNote The requirement under this section is additional to the requirement under\nthe Magistrates Court Act 1930, s 121 (1) (c).\n(2) In this section:\ncompany means a company registered under the Corporations Act.\n11 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 Professional Engineers\nAct 2023 must identify the authorised person by—\n(a) the person’s full name, or surname and initials; or\n(b) any unique number given, for this regulation, to the person by\nthe administering authority.\n12 Authorised people for infringement notice offences\n(1) A professional engineers officer may serve the following:\n(a) an infringement notice for an infringement notice offence\nagainst the Professional Engineers Act 2023;\n(b) a reminder notice for an infringement notice offence against\nthat Act.\n(2) In this section:\nprofessional engineers officer means any of the following people:\n(a) the professional engineers registrar;\n\nSection 12\nR1\n06/03/25\nMagistrates Court (Professional Engineers Infringement\nNotices) Regulation 2024\nEffective: 06/03/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) a deputy professional engineers registrar;\n(c) a person appointed under the Professional Engineers Act 2023\nsection 48.\n\nSchedule 1 Professional Engineers Act 2023 infringement notice offences and\npenalties\npage 6 Magistrates Court (Professional Engineers Infringement\nNotices) Regulation 2024\nEffective: 06/03/25\nR1\n06/03/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Professional Engineers\nAct 2023 infringement notice\noffences and penalties\n(see s 7 and s 8)\ncolumn 1\nitem\ncolumn 2\noffence provision\ncolumn 3\noffence penalty\n(penalty units)\ncolumn 4\ninfringement\npenalty ($)\n1 29 (3) 20 220\n2 58 (2) 50 1 250\n3 59 (2) 30 576\n4 60 (1) 30 420\n5 61 (2) 30 420\n\nDictionary\nR1\n06/03/25\nMagistrates Court (Professional Engineers Infringement\nNotices) Regulation 2024\nEffective: 06/03/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions relevant to this regulation.\nFor example:\n• corporation\n• Corporations Act\n• individual.\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 the Act, dict:\n• administering authority\n• authorised person\n• infringement notice\n• infringement notice offence\n• reminder notice.\ndeputy professional engineers registrar—see the Professional\nEngineers Act 2023, dictionary, definition of deputy registrar.\nprofessional engineers registrar—see the Professional Engineers\nAct 2023, dictionary, definition of registrar.\n\nEndnotes\n1 About the endnotes\npage 8 Magistrates Court (Professional Engineers Infringement\nNotices) Regulation 2024\nEffective: 06/03/25\nR1\n06/03/25\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\n06/03/25\nMagistrates Court (Professional Engineers Infringement\nNotices) Regulation 2024\nEffective: 06/03/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nMagistrates Court (Professional Engineers Infringement Notices)\nRegulation 2024\nnotified LR 26 August 2024\ns 1, s 2 commenced 26 August 2024 (LA s 75 (1))\nremainder commenced 6 March 2025 (s 2 and see Professional\nEngineers Act 2023 A2023-8, s 2 (2) (as am by A2023-20 pt 5 and\nA2024-21 pt 6))\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation remains tightly focused on its original purpose of establishing infringement notice procedures for the Professional Engineers Act 2023. It has not expanded beyond this narrow administrative function."},"complexity_factors":["Very short regulation (only 12 substantive sections plus schedule and dictionary)","Minimal defined terms (only 2 specific definitions: 'deputy professional engineers registrar' and 'professional engineers registrar')","Simple structure with no nested exceptions or conditional logic","Straightforward cross-references to the Magistrates Court Act 1930 and Professional Engineers Act 2023","Single schedule with simple table of 5 offences and corresponding penalties","No amendments or complex legislative history"],"plain_english_summary":"This regulation creates an infringement-notice scheme under the Professional Engineers Act 2023, letting authorised officers issue on-the-spot fines for specified breaches as an alternative to court prosecution. It fixes monetary penalties (with companies liable at five times the individual amount) and a $34 reminder fee, and sets required notice content and issuer identification.\n\nIt primarily affects professional engineers, engineering firms and the registrar’s enforcement staff, offering a faster, lower-cost enforcement route for minor breaches."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This regulation does not broaden the substantive remit of the Professional Engineers Act 2023. It implements a narrowly scoped administrative enforcement pathway (infringement notices) for a specified list of offences, sets fixed monetary amounts, prescribes notice contents and identifies authorised issuers. These are implementation details rather than an expansion beyond the original purpose of providing an alternative to prosecution for specified offences."},"complexity_factors":["Short regulation (12 sections plus a single schedule)","Schedule 1 lists 5 offence items (simple table of offences to fixed amounts)","Cross-references to Magistrates Court Act 1930, part 3.8 (procedural regime) and Professional Engineers Act 2023 (offence provisions and definitions)","Single defined implementation details: $34 reminder cost and 5× corporate penalty multiplier (s 8)","Small number of defined roles/authorised people (registrar, deputy registrar, appointees) in s 12","Modest number of required content items for notices (authorised person identification, company ACN)","Few conditional rules and virtually no nested exceptions"],"plain_english_summary":"**What this regulation does (mechanics)\n\n- Creates a small, specific infringement-notice regime for certain offences in the Professional Engineers Act 2023. (See s 5 and s 7; offences listed in Schedule 1.)\n- Designates the professional engineers registrar as the administering authority who handles infringement notices for those offences. (s 6)\n- Sets the exact monetary amount for each infringement notice in Schedule 1 (column 4). For companies, the infringement amount is five times the individual amount. (s 8(1)–(2), Schedule 1)\n- Sets a $34 cost for serving a reminder notice. (s 8(3))\n- Specifies what must be shown on an infringement notice or a reminder notice about the authorised person who serves it (full name or surname and initials, or a unique number provided by the administering authority). (ss 9, 11)\n- Requires any infringement notice served on a company to include the company’s Australian Company Number (ACN). (s 10)\n- Lists who may serve infringement and reminder notices: the registrar, deputy registrar, and people appointed under section 48 of the Professional Engineers Act 2023. (s 12)\n\n**Who this affects\n\n- Individuals who hold or are subject to regulation under the Professional Engineers Act 2023 and commit any of the listed offences. (Schedule 1)\n- Companies that commit those offences (noting the 5× corporate penalty multiplier and the ACN requirement). (s 8(2), s 10)\n- The professional engineers registrar and staff (who will administer, issue and record notices and reminders). (s 6, s 12)\n- The Magistrates Court only indirectly: the regulation implements an administrative alternative to prosecution under the Magistrates Court Act 1930, part 3.8. (s 5 note, s 7)\n\n**Why it matters (official purpose and practical effects)\n\n- Official purpose: to provide infringement notices as an alternative to prosecution for specified Professional Engineers Act offences. (s 5 and the note to s 5)\n\nAnalyst’s test of that purpose against practical effects (mechanisms, incentives and costs):\n\n- Who pays: the person (individual or company) who receives the infringement notice pays the fixed monetary amount set in Schedule 1, or can contest the matter through the usual legal routes. (s 8, Schedule 1)\n- Who decides: the administering authority (the professional engineers registrar and authorised officers named in s 12) decide to issue infringement or reminder notices and must identify themselves on the notice. That centralises enforcement with the regulator. (s 6, s 9, s 11, s 12)\n- Incentives and substitution effects: the regime makes an administrative, fixed-penalty outcome available instead of prosecuting through the courts. That typically lowers the regulator’s transaction costs per matter and increases the chance matters are resolved by payment rather than contested prosecution. The regulation implements this by listing specific offences and fixed penalties. (s 7, s 8, Schedule 1)\n- Distribution of costs and benefits: benefits from lower court use and faster resolution are concentrated with the regulator and the court system (administrative efficiency). Costs are borne by individuals and companies fined; companies face a larger, explicit cost through the 5× multiplier. (s 8(2))\n- Compliance and administrative burden: regulated persons must ensure they keep records and respond to notices; companies must have their ACN included on notices, and the administering authority must maintain any unique numbers used to identify authorised officers. (s 10, ss 9 & 11)\n- Implementation risks and discretionary scope: the regulation relies on authorised persons (registrar, deputies, and appointees) to exercise issuance discretion. That requires clear internal procedures, training and recordkeeping to avoid inconsistent application. Cross-references to the Magistrates Court Act 1930 (part 3.8) and the Professional Engineers Act 2023 mean readers must consult those Acts for detailed procedural and appeal rights. (s 7, s 12)\n\n**Concrete trade-offs and likely effects (mechanical, not normative)\n\n- Lowers per-case enforcement cost and speeds resolution where infringement notices are used, but shifts cost onto recipients who choose or feel compelled to pay.\n- Raises compliance risk for companies because corporate penalties are higher (5×) and notices must include ACN; small errors in notice content (e.g., missing ACN or authorised-person identification) could prompt challenges. (s 8(2), s 10, ss 9 & 11)\n- Reduces expected court workload for the listed offences but increases administrative workload for the registrar’s office (issuing, tracking, and serving notices and reminders). (s 6, s 8(3))\n\n**Key statutory locations to check when using the regulation**\n- Schedule 1: which Professional Engineers Act provisions are covered and exact infringement amounts; s 8: how individual and corporate penalties and reminder costs operate; s 6 and s 12: who administers and who may serve notices; ss 9–11: required contents of notices and reminders.\n"},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/magistrates-court-professional-engineers-infringement-notices-regulation-2024","history":"/api/acts/magistrates-court-professional-engineers-infringement-notices-regulation-2024/history","analysis":"/api/acts/magistrates-court-professional-engineers-infringement-notices-regulation-2024/analysis","conflicts":"/api/acts/magistrates-court-professional-engineers-infringement-notices-regulation-2024/conflicts","importantCases":"/api/acts/magistrates-court-professional-engineers-infringement-notices-regulation-2024/important-cases","documents":"/api/acts/magistrates-court-professional-engineers-infringement-notices-regulation-2024/documents"}}