1Magistrates Court (Agents Infringement Notices) Regulation 2003

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Magistrates Court (Agents Infringement Notices) Regulation 2003 SL2003-39 made under the Magistrates Court Act 1930 Republication No 9 Effective: 16 July 2024 Republication date: 16 July 2024 Last amendment made by A2024-29

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Magistrates Court (Agents Infringement Notices) Regulation 2003, made under the Magistrates Court Act 1930 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 16 July 2024. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 16 July 2024. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R9 16/07/24 Magistrates Court (Agents Infringement Notices) Regulation 2003 Effective: 16/07/24 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Magistrates Court (Agents Infringement Notices) Regulation 2003 made under the Magistrates Court Act 1930 Contents Page 1 Name of regulation 2 3 Purpose of regulation 2 4 Notes 2 5 Meaning of Agents Act 2 6 Administering authority 2 7 Infringement notice offences 2 8 Infringement notice penalties 3 9 Contents of infringement notices—other information 3 10 Contents of infringement notices—identifying authorised person 3 11 Contents of reminder notices—identifying authorised person 4

Contents Page contents 2 Magistrates Court (Agents Infringement Notices) Regulation 2003 Effective: 16/07/24 R9 16/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 12 Authorised people for infringement notice offences 4 Schedule 1 Agents Act infringement notice offences and penalties 5 Endnotes 1 About the endnotes 7 2 Abbreviation key 7 3 Legislation history 8 4 Amendment history 10 5 Earlier republications 11

R9 16/07/24 Magistrates Court (Agents Infringement Notices) Regulation 2003 Effective: 16/07/24 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Magistrates Court (Agents Infringement Notices) Regulation 2003 made under the Magistrates Court Act 1930

Section 1 page 2 Magistrates Court (Agents Infringement Notices) Regulation 2003 Effective: 16/07/24 R9 16/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 1 Name of regulation This regulation is the Magistrates Court (Agents Infringement Notices) Regulation 2003. 3 Purpose of regulation The purpose of this regulation is to provide for infringement notices under the Magistrates Court Act 1930, part 3.8 for certain offences against the Agents Act. Note The Magistrates Court Act 1930, pt 3.8 provides a system of infringement notices for offences against various Acts. The infringement notice system is intended to provide an alternative to prosecution. 4 Notes A note included in this regulation is explanatory and is not part of this regulation. Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. 5 Meaning of Agents Act In this regulation: Agents Act means the Agents Act 2003. 6 Administering authority The administering authority for an infringement notice offence against the Agents Act is the commissioner for fair trading. 7 Infringement notice offences The Magistrates Court Act 1930, part 3.8 applies to an offence against a provision of the Agents Act mentioned in schedule 1, column 2.

Section 8 R9 16/07/24 Magistrates Court (Agents Infringement Notices) Regulation 2003 Effective: 16/07/24 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 8 Infringement notice penalties (1) The penalty payable by an individual for an offence against the Agents Act, under an infringement notice for the offence, is the amount mentioned in schedule 1, column 4 for the offence. (2) The penalty payable by a corporation for an offence against the Agents Act, under an infringement notice for the offence, is 5 times the amount mentioned in schedule 1, column 4 for the offence. (3) The cost of serving a reminder notice for an infringement notice offence against the Agents Act is $34. 9 Contents of infringement notices—other information (1) An infringement notice served on a company by an authorised person for an infringement notice offence against the Agents Act must include the company’s ACN. Note The requirement under this section is additional to the requirement under the Magistrates Court Act 1930, s 121 (1) (c). (2) In this section: company means a company registered under the Corporations Act. 10 Contents of infringement notices—identifying authorised person An infringement notice served on a person by an authorised person for an infringement notice offence against the Agents Act must identify the authorised person by— (a) any unique number given to the person by the administering authority for this regulation; or (b) the authorised person’s full name, or surname and initials.

Section 11 page 4 Magistrates Court (Agents Infringement Notices) Regulation 2003 Effective: 16/07/24 R9 16/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 11 Contents of reminder notices—identifying authorised person A reminder notice served on a person by an authorised person for an infringement notice offence against the Agents Act must identify the authorised person by— (a) any unique number given to the person by the administering authority for this regulation; or (b) the authorised person’s full name, or surname and initials. 12 Authorised people for infringement notice offences An investigator under the Fair Trading (Australian Consumer Law) Act 1992, section 36 may serve the following: (a) an infringement notice for an infringement notice offence against the Agents Act; (b) a reminder notice for an infringement notice offence against the Agents Act.

Agents Act infringement notice offences and penalties Schedule 1 R9 16/07/24 Magistrates Court (Agents Infringement Notices) Regulation 2003 Effective: 16/07/24 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Agents Act infringement notice offences and penalties (see s 7 and s 8) column 1 item column 2 provision column 3 offence penalty (penalty units) column 4 infringement penalty ($) 1 18 (1) (b) (i) 100 1000 2 19 (1) (b) (i) 100 1000 3 20 (1) (b) (i) 100 1000 4 21 (1) (b) (i) 100 1000 5 68A (1) 50 500 6 69 (1) 50 500 7 69 (2) 50 500 8 69 (3) 50 500 9 70 (1) 50 500 10 70 (2) 50 500 11 74 50 500 12 75 (2) 50 500 13 75A (1) 100 1000 14 77 (1) 100 1000 15 106 100 500 16 107 (2) 100 500 17 107 (3) 100 500 18 107A (1) 100 500 19 108 100 1000 20 110 100 1000 21 115 (1) 50 500

Schedule 1 Agents Act infringement notice offences and penalties page 6 Magistrates Court (Agents Infringement Notices) Regulation 2003 Effective: 16/07/24 R9 16/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 provision column 3 offence penalty (penalty units) column 4 infringement penalty ($) 22 124 (4) 20 100 23 127 (4) 50 500 24 127 (5) 30 300 25 128 50 500 26 133 (1) 200 2000 27 133 (2) 200 2000 28 133 (3) 200 2000 29 134 100 1000

Endnotes About the endnotes 1 R9 16/07/24 Magistrates Court (Agents Infringement Notices) Regulation 2003 Effective: 16/07/24 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes 3 Legislation history page 8 Magistrates Court (Agents Infringement Notices) Regulation 2003 Effective: 16/07/24 R9 16/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history This regulation was originally the Magistrates Court (Agents Infringement Notices) Regulations 2003. It was renamed under the Legislation Act 2001. Magistrates Court (Agents Infringement Notices) Regulation 2003 SL2003-39 notified LR 31 October 2003 s 1, s 2 commenced 31 October 2003 (LA s 75 (1)) remainder commenced 1 November 2003 (s 2) as amended by Statute Law Amendment Act 2004 A2004-42 sch 3 pt 3.15 notified LR 11 August 2004 s 1, s 2 commenced 11 August 2004 (LA s 75 (1)) sch 3 pt 3.15 commenced 25 August 2004 (s 2 (1)) Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.41 notified LR 2 September 2004 s 1, s 2 commenced 2 September 2004 (LA s 75 (1)) sch 1 pt 1.41 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29) Fair Trading (Australian Consumer Law) Amendment Act 2010 A2010-54 sch 3 pt 3.17 notified LR 16 December 2010 s 1, s 2 commenced 16 December 2010 (LA s 75 (1)) sch 3 pt 3.17 commenced 1 January 2011 (s 2 (1)) Statute Law Amendment Act 2015 A2015-15 sch 3 pt 3.11 notified LR 27 May 2015 s 1, s 2 commenced 27 May 2015 (LA s 75 (1)) sch 3 pt 3.11 commenced 10 June 2015 (s 2) Magistrates Court (Agents Infringement Notices) Amendment Regulation 2019 (No 1) SL2019-18 notified LR 4 July 2019 s 1, s 2 commenced 4 July 2019 (LA s 75 (1)) remainder commenced 5 July 2019 (s 2)

Endnotes Legislation history 3 R9 16/07/24 Magistrates Court (Agents Infringement Notices) Regulation 2003 Effective: 16/07/24 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Fair Trading and Other Justice Legislation Amendment Act 2022 A2022-8 sch 1 pt 1.5 notified LR 11 May 2022 s 1, s 2 commenced 11 May 2022 (LA s 75 (1)) sch 1 pt 1.5 commenced 1 July 2022 (s 2 (2)) Housing and Consumer Affairs Legislation Amendment Act 2024 A2024-29 sch 1 pt 1.6 notified LR 9 July 2024 s 1, s 2 taken to have commenced 1 July 2024 (LA s 75 (2)) sch 1 pt 1.6 commenced 16 July 2024 (s 2 (1))

Endnotes 4 Amendment history page 10 Magistrates Court (Agents Infringement Notices) Regulation 2003 Effective: 16/07/24 R9 16/07/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Name of regulation s 1 am R3 LA Commencement s 2 om LA s 89 (4) Purpose of regulation s 3 am A2004-60 amdt 1.414, amdt 1.415 Infringement notice offences s 7 am A2004-60 amdt 1.416 Contents of infringement notices—identifying authorised person s 10 am A2004-42 amdt 3.81 Contents of reminder notices—identifying authorised person s 11 am A2004-42 amdt 3.81 Authorised people for infringement notice offences s 12 am A2010-54 amdt 3.45; A2015-15 amdt 3.60, amdt 3.61 Agents Act infringement notice offences and penalties sch 1 am A2015-15 amdts 3.62-3.65; items renum R6 LA; SL2019-18 s 4; A2022-8 amdts 1.8-1.11; items renum R8 LA; A2024-29 amdt 1.12; items renum R9 LA

Endnotes Earlier republications 5 R9 16/07/24 Magistrates Court (Agents Infringement Notices) Regulation 2003 Effective: 16/07/24 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 1 Nov 2003 1 Nov 2003– 24 Aug 2004 not amended new regulation R2 25 Aug 2004 25 Aug 2004– 2 Nov 2004 A2004-42 amendments by A2004-42 R3 3 Nov 2004 3 Nov 2004– 9 Jan 2005 A2004-60 editorial amendments under Legislation Act R4 10 Jan 2005 10 Jan 2005– 31 Dec 2010 A2004-60 amendments by A2004-60 R5 1 Jan 2011 1 Jan 2011– 9 June 2015 A2010-54 amendments by A2010-54 R6 10 June 2015 10 June 2015– 4 July 2019 A2015-15 amendments by A2015-15 R7 5 July 2019 5 July 2019– 30 June 2022 SL2019-18 amendments by SL2019-18 R8 1 July 2022 1 July 2022– 15 July 2024 A2022-8 amendments by A2022-8 © Australian Capital Territory 2024