{"id":"sl-2004-24","name":"Magistrates Court (Sale of Residential Property Infringement Notices) Regulation 2004","slug":"magistrates-court-sale-of-residential-property-infringement-notices-regulation-2004","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"24 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173515,"registerId":"act-sl-2004-24-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Magistrates Court (Sale of Residential Property Infringement Notices) Regulation 2004","content":"Australian Capital Territory\nMagistrates Court (Sale of Residential\nProperty Infringement Notices)\nRegulation 2004\nSL2004-24\nmade under the\nMagistrates Court Act 1930\nRepublication No 5\nEffective: 10 June 2015\nRepublication date: 10 June 2015\nLast amendment made by A2015-15\nAuthorised by the ACT Parliamentary Counsel\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 (Sale of Residential Property Infringement\nNotices) Regulation 2004, made under the Magistrates Court Act 1930 (including any\namendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on\n10 June 2015. It also includes any commencement, amendment, repeal or expiry affecting this\nrepublished law to 10 June 2015.\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\nACT legislation 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\nby an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).\nThe changes are made if the Parliamentary Counsel considers they are desirable to bring the law\ninto line, 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 symbol M\nappears immediately before the provision heading. The text of the modifying provision appears\nin the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $150 for\nan individual and $750 for a corporation (see Legislation Act 2001, s 133).\n\nR5\n10/06/15\nMagistrates Court (Sale of Residential Property\nInfringement Notices) Regulation 2004\nEffective: 10/06/15\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMagistrates Court (Sale of Residential\nProperty Infringement Notices)\nRegulation 2004\nmade under the\nMagistrates Court Act 1930\nContents\nPage\n1 Name of regulation 2\n3 Purpose of regulation 2\n4 Notes 2\n5 Administering authority 2\n6 Infringement notice offences 2\n7 Infringement notice penalties 3\n8 Contents of infringement notices—other information 3\n9 Contents of infringement notices—identifying authorised person 3\n10 Contents of reminder notices—identifying authorised person 4\n\nContents\nPage\ncontents 2 Magistrates Court (Sale of Residential Property\nInfringement Notices) Regulation 2004\nEffective: 10/06/15\nR5\n10/06/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n11 Authorised people for infringement notice offences 4\nSchedule 1 Civil Law (Sale of Residential Property) Act\ninfringement notice offences and penalties 5\nEndnotes\n1 About the endnotes 6\n2 Abbreviation key 6\n3 Legislation history 7\n4 Amendment history 8\n5 Earlier republications 9\n\nR5\n10/06/15\nMagistrates Court (Sale of Residential Property\nInfringement Notices) Regulation 2004\nEffective: 10/06/15\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMagistrates Court (Sale of Residential\nProperty Infringement Notices)\nRegulation 2004\nmade under the\nMagistrates Court Act 1930\n\nSection 1\npage 2 Magistrates Court (Sale of Residential Property\nInfringement Notices) Regulation 2004\nEffective: 10/06/15\nR5\n10/06/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of regulation\nThis regulation is the Magistrates Court (Sale of Residential\nProperty Infringement Notices) Regulation 2004.\n3 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 Civil Law (Sale of Residential Property) Act 2003.\nNote The Magistrates Court Act 1930, pt 3.8 provides a system of\ninfringement notices for offences against various Acts. The\ninfringement notice system is intended to provide an alternative to\nprosecution.\n4 Notes\nA note included in this regulation is explanatory and is not part of\nthis regulation.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of\nnotes.\n5 Administering authority\nThe administering authority for an infringement notice offence\nagainst the Civil Law (Sale of Residential Property) Act 2003 is the\ncommissioner for fair trading.\n6 Infringement notice offences\nThe Magistrates Court Act 1930, part 3.8 applies to an offence\nagainst a provision of the Civil Law (Sale of Residential Property)\nAct 2003 mentioned in schedule 1, column 2.\n\nSection 7\nR5\n10/06/15\nMagistrates Court (Sale of Residential Property\nInfringement Notices) Regulation 2004\nEffective: 10/06/15\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n7 Infringement notice penalties\n(1) The penalty payable by an individual for an offence against the\nCivil Law (Sale of Residential Property) Act 2003, under an\ninfringement notice for the offence, is the amount mentioned in\nschedule 1, column 4 for the offence.\n(2) The penalty payable by a corporation for an offence against the Civil\nLaw (Sale of Residential Property) Act 2003, under an infringement\nnotice for the offence, is 5 times the amount mentioned in\nschedule 1, column 4 for the offence.\n(3) The cost of serving a reminder notice for an infringement notice\noffence against the Civil Law (Sale of Residential Property)\nAct 2003 is $34.\n8 Contents of infringement notices—other information\n(1) An infringement notice served on a company by an authorised\nperson for an infringement notice offence against the Civil Law\n(Sale of Residential Property) Act 2003 must include the company’s\nACN.\nNote The requirement under this section is additional to the requirement\nunder the Magistrates Court Act 1930, s 121 (1) (c).\n(2) In this section:\ncompany means a company registered under the Corporations Act.\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 Civil Law (Sale of\nResidential Property) Act 2003 must identify the authorised person\nby—\n(a) the authorised person’s full name, or surname and initials; or\n\nSection 10\npage 4 Magistrates Court (Sale of Residential Property\nInfringement Notices) Regulation 2004\nEffective: 10/06/15\nR5\n10/06/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) any unique number given to the person by the administering\nauthority for this regulation.\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 Civil Law (Sale of\nResidential Property) Act 2003 must identify the authorised person\nby—\n(a) the authorised person’s full name, or surname and initials; or\n(b) any unique number given to the person by the administering\nauthority for this regulation.\n11 Authorised people for infringement notice offences\nAn investigator under the Fair Trading (Australian Consumer Law)\nAct 1992, section 36 may serve the following:\n(a) an infringement notice for an infringement notice offence\nagainst the Civil Law (Sale of Residential Property) Act 2003;\n(b) a reminder notice for an infringement notice offence against\nthe Civil Law (Sale of Residential Property) Act 2003.\n\nCivil Law (Sale of Residential Property) Act infringement notice offences\nand penalties\nSchedule 1\nR5\n10/06/15\nMagistrates Court (Sale of Residential Property\nInfringement Notices) Regulation 2004\nEffective: 10/06/15\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Civil Law (Sale of Residential\nProperty) Act infringement\nnotice offences and penalties\n(see s 6 and s 7)\ncolumn 1\nitem\ncolumn 2\noffence provision\ncolumn 3\noffence penalty\n(penalty units)\ncolumn 4\ninfringement\npenalty ($)\n1 section 10 10 250\n2 section 22 (1) 5 100\n3 section 28 50 500\n4 section 32 50 500\n\nEndnotes\n1 About the endnotes\npage 6 Magistrates Court (Sale of Residential Property\nInfringement Notices) Regulation 2004\nEffective: 10/06/15\nR5\n10/06/15\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\nlaw but 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\ndetails of these laws are underlined in the legislation history. Uncommenced\nexpiries are underlined 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\nR5\n10/06/15\nMagistrates Court (Sale of Residential Property\nInfringement Notices) Regulation 2004\nEffective: 10/06/15\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis regulation was originally the Magistrates Court (Sale of Residential Property\nInfringement Notices) Regulations 2004. It was renamed under the Legislation\nAct 2001.\nMagistrates Court (Sale of Residential Property Infringement Notices)\nRegulation 2004 SL2004-24\nnotified LR 30 June 2004\ns 1, s 2 commenced 30 June 2004 (LA s 75 (1))\nremainder commenced 1 July 2004 (s 2)\nas amended by\nStatute Law Amendment Act 2005 A2005-20 sch 3 pt 3.37\nnotified LR 12 May 2005\ns 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))\nsch 3 pt 3.37 commenced 2 June 2005 (s 2 (1))\nFair Trading (Australian Consumer Law) Amendment Act 2010\nA2010-54 sch 3 pt 3.18\nnotified LR 16 December 2010\ns 1, s 2 commenced 16 December 2010 (LA s 75 (1))\nsch 3 pt 3.18 commenced 1 January 2011 (s 2 (1))\nStatute Law Amendment Act 2015 A2015-15 sch 3 pt 3.35\nnotified LR 27 May 2015\ns 1, s 2 commenced 27 May 2015 (LA s 75 (1))\nsch 3 pt 3.35 commenced 10 June 2015 (s 2)\n\nEndnotes\n4 Amendment history\npage 8 Magistrates Court (Sale of Residential Property\nInfringement Notices) Regulation 2004\nEffective: 10/06/15\nR5\n10/06/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nName of regulation\ns 1 am R2 LA\nCommencement\ns 2 om LA s 89 (4)\nContents of infringement notices—identifying authorised person\ns 9 am A2005-20 amdt 3.313\nContents of reminder notices—identifying authorised person\ns 10 am A2005-20 amdt 3.313\nAuthorised people for infringement notice offences\ns 11 am A2010-54 amdt 3.46; A2015-15 amdt 3.125, amdt 3.126\n\nEndnotes\nEarlier republications 5\nR5\n10/06/15\nMagistrates Court (Sale of Residential Property\nInfringement Notices) Regulation 2004\nEffective: 10/06/15\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications\nare marked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n1 July 2004\n1 July 2004–\n1 Nov 2004\nnot amended new regulation\nR2\n2 Nov 2004\n2 Nov 2004–\n1 June 2005\nnot amended editorial\namendments under\nLegislation Act\nR3\n2 June 2005\n2 June 2005–\n31 Dec 2010\nA2005-20 amendments by\nA2005-20\nR4\n1 Jan 2011\n1 Jan 2011–\n9 June 2015\nA2010-54 amendments by\nA2010-54\n© Australian Capital Territory 2015","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The instrument’s core aim — applying the Magistrates Court infringement‑notice system to particular offences in the Civil Law (Sale of Residential Property) Act 2003 — remains, but later amendments altered implementation details. Amendments in 2005 revised identification requirements for authorised persons (ss 9–10); 2010 and 2015 amendments changed who may serve infringement and reminder notices (s 11). The republished regulation also sets corporate multipliers, ACN requirements and reminder costs, refining enforcement mechanics rather than expanding the list of offences."},"complexity_factors":["Cross-references to multiple Acts (Magistrates Court Act 1930 pt 3.8; Civil Law (Sale of Residential Property) Act 2003; Fair Trading (Australian Consumer Law) Act 1992; Corporations Act) increasing navigation requirements","Differentiated penalty structure: fixed infringement amounts in a schedule and a separate multiplicative rule for corporations (5×) (s 7 and Schedule 1)","Administrative details and evidentiary identifiers required on notices (company ACN, authorised person identification methods) (ss 8–10)","Separate charge for serving reminder notices ($34) and distinction between infringement and reminder notices (s 7(3), s 10)","Amendment history requiring tracking of changes to who may serve notices and identification rules (amendments in 2005, 2010, 2015)","Dependence on the administering authority (commissioner for fair trading) for operational decisions (s 5) and delegation of enforcement to investigators (s 11)"],"plain_english_summary":"This regulation makes certain offences in the Civil Law (Sale of Residential Property) Act 2003 enforceable by infringement notice instead of prosecution. It fixes monetary penalties for listed offences, makes corporations liable at five times the individual rate, requires company ACNs on notices, and empowers Fair Trading investigators to serve infringement and reminder notices.\n\nIt matters because it converts compliance failures in residential property sales into administrable fines and reminder costs, shifting enforcement effort to the commissioner for fair trading and imposing predictable payment and administrative obligations on people and businesses."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation remains tightly focused on its original purpose: establishing an infringement notice scheme for specific offences under the Civil Law (Sale of Residential Property) Act 2003. The amendments since 2004 have been minor administrative updates (updating references to investigator powers, editorial changes) rather than expansion of scope. The regulation has not grown beyond its initial remit of providing a summary enforcement mechanism for residential property sale disclosure offences."},"complexity_factors":["Very short instrument (11 sections plus schedule)","Only 4 defined offences in Schedule 1 with straightforward penalty structure","Minimal cross-referencing (primarily references to parent Magistrates Court Act and Civil Law (Sale of Residential Property) Act)","Simple conditional logic (individual vs corporation multiplier of 5x)","No nested exceptions or complex procedural requirements","Straightforward administrative provisions (identification requirements, reminder notice costs)"],"plain_english_summary":"This regulation creates an on‑the‑spot infringement notice scheme for certain breaches of the ACT’s residential property sale rules, letting authorised Fair Trading investigators issue fixed fines instead of pursuing court action. It mainly affects real estate agents and vendors (buyers are indirectly protected) and is overseen by the Commissioner for Fair Trading.\n\nThe scheme sets specified penalty amounts (with companies liable for five times the individual rate), requires notices to include officer and company details, and allows a $34 reminder fee for unpaid notices."}},"importantCases":[],"_links":{"self":"/api/acts/magistrates-court-sale-of-residential-property-infringement-notices-regulation-2004","history":"/api/acts/magistrates-court-sale-of-residential-property-infringement-notices-regulation-2004/history","analysis":"/api/acts/magistrates-court-sale-of-residential-property-infringement-notices-regulation-2004/analysis","conflicts":"/api/acts/magistrates-court-sale-of-residential-property-infringement-notices-regulation-2004/conflicts","importantCases":"/api/acts/magistrates-court-sale-of-residential-property-infringement-notices-regulation-2004/important-cases","documents":"/api/acts/magistrates-court-sale-of-residential-property-infringement-notices-regulation-2004/documents"}}