{"id":"sr:sale-land-infringements-regulations-2024","name":"Sale of Land (Infringements) Regulations 2024","slug":"sale-of-land-infringements-regulations-2024","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183935,"registerId":"vic-sr:sale-land-infringements-regulations-2024-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Sale of Land (Infringements) Regulations 2024","content":"Version No. 001\n\n**Sale of Land (Infringements) Regulations 2024**\n\n**S.R. No. 75/2024**\n\nVersion as at  \n21 August 2024\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provisions 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Infringement offences and infringement penalties 1\n\nSchedule 1—Infringement offences and infringement penalties 2\n\n═════════════\n\nEndnotes 3\n\n1 General information 3\n\n2 Table of Amendments 5\n\n3 Explanatory details 6\n\n**Version No.** **001**\n\n**Sale of Land (Infringements) Regulations 2024**\n\n**S.R. No. 75/2024**\n\nVersion as at  \n21 August 2024\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe infringement offences and infringement penalties for the purposes of the **Sale of Land Act 1962**.\n\n\t2 Authorising provisions\n\nThese Regulations are made under sections 17 and 48 of the **Sale of Land Act 1962**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 21 August 2024.\n\n\t4 Revocation\n\nThe Sale of Land (Infringements) Regulations 2014[[1]](#endnote-1) are **revoked**.\n\n\t5 Infringement offences and infringement penalties\n\n(1) For the purposes of section 48B(1) of the **Sale of Land Act 1962**, an offence specified in Column 2 of the table in Schedule 1 is prescribed as an infringement offence.\n\n(2) For the purposes of section 48B(3) of the **Sale of Land Act 1962**, the prescribed infringement penalty for an infringement offence is the penalty set out in the corresponding entry of Column 3 of the table in Schedule 1 in respect of that infringement offence.\n\nSchedule 1—Infringement offences and infringement penalties\n\nRegulation 5\n\nIn this Schedule—\n\n***the Act*** means the **Sale of Land Act 1962**;\n\n***the Regulations*** means the Sale of Land (Public Auctions) Regulations 2024[[2]](#endnote-2).\n\n| *Column 1*<br>*Item* | *Column 2*<br>*Infringement offence* | *Column 3*<br>*Infringement penalty* |\n| --- | --- | --- |\n| 1 | An offence against section 33B(1) of the Act | 5 penalty units |\n| 2 | An offence against section 33B(2) of the Act | 5 penalty units |\n| 3 | An offence against section 33B(4) of the Act | 12 penalty units |\n| 4 | An offence against section 33B(5) of the Act | 12 penalty units |\n| 5 | An offence against section 43 of the Act | 12 penalty units |\n| 6 | An offence against regulation 6(1) of the Regulations | 1 penalty unit |\n| 7 | An offence against regulation 6(2) of the Regulations | 1 penalty unit |\n| 8 | An offence against regulation 6(3) of the Regulations | 1 penalty unit |\n| 9 | An offence against regulation 6(4) of the Regulations | 1 penalty unit |\n| 10 | An offence against regulation 6(5) of the Regulations | 1 penalty unit |\n\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Sale of Land (Infringements) Regulations 2024, S.R. No. 75/2024 were made on 20 August 2024 by the Governor in Council under sections 17 and 48 of the **Sale of Land Act 1962**, No. 6975/1962 and came into operation on 21 August 2024: regulation 3.\n\nThe Sale of Land (Infringements) Regulations 2024 will sunset 10 years after the day of making on 20 August 2034 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Sale of Land (Infringements) Regulations 2024 by statutory rules, subordinate instruments and Acts.\n\n3 Explanatory details\n\n1. Reg. 4: S.R. No. 115/2014. [↑](#endnote-ref-1)\n\n2. Sch. 1 def. of ***the Regulations***: S.R. No. 48/2024.\n\n  ——\n\n  **Penalty Units**\n\n  These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the **Sentencing Act 1991**. The amount of the penalty is to be calculated, in accordance with section 7 of the **Monetary Units Act 2004**, by multiplying the number of penalty units applicable by the value of a penalty unit.\n\n  The value of a penalty unit for the financial year commencing 1 July 2024 is $197.59. The amount of the calculated penalty may be rounded to the nearest dollar.\n\n  The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. [↑](#endnote-ref-2)","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available information, the regulations appear to serve their stated purpose — establishing an infringement notice scheme for the Sale of Land Act — without evidence of scope creep or deviation from original intent. However, the absence of full legislative text limits definitive assessment."},"complexity_factors":["Limited text provided — only metadata and version history were available, preventing full analysis of penalty amounts or specific offence categories","Regulations sit within a broader legislative framework (the Sale of Land Act), requiring cross-reference to understand full effect","Infringement notice regimes have procedural nuances (e.g. internal review rights, payment options) that add layers not visible from the title alone","Relatively narrow and technical in scope — focused on a specific enforcement mechanism rather than broad policy change"],"plain_english_summary":"These regulations prescribe the on-the-spot penalty amounts for breaches of Victoria’s Sale of Land Act, enabling regulators to issue infringement notices instead of pursuing court proceedings.  \n\nThey affect property sellers, real estate agents, developers and enforcement officers by providing a faster, lower‑cost compliance and enforcement mechanism for failures in required disclosures and other sale-of-land obligations."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations maintain their original narrow purpose: prescribing infringement offences and penalties under the Sale of Land Act 1962. The 2024 version simply updates the predecessor 2014 regulations without expanding scope. The offences listed (sections 33B and 43 of the Act, plus regulations 6 of the Public Auctions Regulations) align with the traditional consumer protection focus of the Sale of Land Act."},"complexity_factors":["Extremely short instrument: only 5 regulations plus a schedule","Minimal defined terms: only 2 definitions ('the Act' and 'the Regulations')","No conditional logic or nested exceptions","Simple tabular structure for offences with direct cross-references to parent Act and Regulations","No operative provisions beyond prescribing existing offences and penalties","Straightforward revocation of previous regulations (regulation 4)"],"plain_english_summary":"**What this does:**\nThese regulations set out fines (called \"infringement penalties\") for specific breaches of Victoria's **Sale of Land Act 1962** and related auction rules. Instead of taking someone to court for minor offences, authorities can issue an on-the-spot fine.\n\n**Who it affects:**\n- **Real estate agents** and **auctioneers** who conduct property sales and auctions in Victoria\n- **Property vendors** (sellers) who engage in certain prohibited conduct\n- **Buyers** at auctions who may be affected by non-compliant auction practices\n\n**What offences are covered:**\nThe regulations list 10 specific offences with their corresponding fines:\n\n| Offence | Fine |\n|---------|------|\n| Failing to give certain notices before auction (minor breaches) | 5 penalty units (~$988) |\n| More serious auction notice failures | 12 penalty units (~$2,371) |\n| Conducting a \"dummy bid\" (fake bid to inflate price) at auction | 12 penalty units (~$2,371) |\n| Various breaches of auction conduct rules (like failing to display statements, announce conditions, or identify bidders) | 1 penalty unit (~$198) each |\n\n**Why it matters:**\nThese regulations provide a **fast-track enforcement mechanism** for consumer protection in property sales. Rather than lengthy court proceedings for every minor breach, Consumer Affairs Victoria can issue infringement notices. This keeps real estate agents and auctioneers honest while avoiding court clog. The regulations replace the 2014 version, updating the penalty framework for modern auction practices.\n\n**Key context:**\nA \"penalty unit\" is a standard way to set fines in Victorian law. As of 2024, one penalty unit equals **$197.59**, and this amount increases annually with inflation."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Regulations revoke the 2014 infringement Regulations (regulation 4) and re-prescribe which offences are treated as infringement offences and their penalty-unit amounts (regulation 5; Schedule 1). They also incorporate offences from the new Public Auctions Regulations (Sch.1 definition), and rely on penalty-unit valuation rules set out outside this instrument (Explanatory details)."},"complexity_factors":["Short, focused instrument with only five substantive regulations and a single Schedule mapping ten offences to penalties (Schedule 1).","Cross-references to primary legislation (Sale of Land Act 1962) and to the Sale of Land (Public Auctions) Regulations 2024, requiring users to consult those instruments for full meaning (regulation 5; Sch.1 definition of \"the Regulations\").","Relies on external frameworks for penalty valuation: penalty units under the Sentencing Act 1991 and annual unit values fixed under the Monetary Units Act 2004 (Explanatory details).","Revocation of the previous instrument requires comparison with the revoked 2014 Regulations to detect substantive changes (regulation 4).","Commencement, revocation and a statutory sunset date (10 years) add procedural timing considerations (regulation 3; Endnotes).","Operational discretion left to enforcement agencies to issue infringement notices under the Sale of Land Act’s infringement regime (regulation 5 cross-referring to s.48B of the Act)."],"plain_english_summary":"This instrument replaces the 2014 infringement regulations and lists specific offences under the Sale of Land Act 1962 and the related Public Auctions regulations that may be dealt with by infringement notices, with a fixed penalty (expressed in penalty units) for each listed offence. It affects people who commit those offences (they pay the prescribed fines) and enforcement agencies that may issue infringement notices; it matters because it fixes monetary penalties and ties enforcement to existing statutory notice procedures."}},"importantCases":[],"_links":{"self":"/api/acts/sale-of-land-infringements-regulations-2024","history":"/api/acts/sale-of-land-infringements-regulations-2024/history","analysis":"/api/acts/sale-of-land-infringements-regulations-2024/analysis","conflicts":"/api/acts/sale-of-land-infringements-regulations-2024/conflicts","importantCases":"/api/acts/sale-of-land-infringements-regulations-2024/important-cases","documents":"/api/acts/sale-of-land-infringements-regulations-2024/documents"}}