Magistrates Court (Fair Trading Australian Consumer Law Infringement Notices) Regulation 2024
1Magistrates Court (Fair Trading Australian Consumer Law Infringement Notices) Regulation 2024
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Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Magistrates Court (Fair Trading
Australian Consumer Law Infringement
Notices) Regulation 2024
SL2024-12
made under the
Magistrates Court Act 1930
Republication No 1
Effective: 16 July 2024
Republication date: 16 July 2024
Regulation not amended
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 (Fair Trading Australian Consumer Law
Infringement Notices) Regulation 2024, 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, repeal or expiry affecting this republished
law.
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 amendments
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 does not include 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).
Section 1 - Magistrates Court (Fair Trading Australian Consumer Law Infringement Notices) Regulation 2024 - Magistrates Court (Fair Trading Australian Consumer Law Infringement Notices) Regulation 2024 | Zoe
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Magistrates Court (Fair Trading Australian Consumer
Law Infringement Notices) Regulation 2024
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contents 1
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Magistrates Court (Fair Trading
Australian Consumer Law Infringement
Notices) Regulation 2024
made under the
Magistrates Court Act 1930
Contents
Page
1 Name of regulation 2
2 Dictionary 2
3 Notes 2
4 Purpose of regulation 2
5 Administering authority 2
6 Infringement notice offence 3
7 Infringement notice penalty 3
8 Contents of infringement notices—identifying authorised person 3
9 Contents of infringement notices—other information 3
Contents
Page
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10 Contents of reminder notices—identifying authorised person 4
11 Authorised person for infringement notice offences 4
12 Prescribed person—Act, s 135 (1) 4
Dictionary 5
Endnotes
1 About the endnotes 6
2 Abbreviation key 6
3 Legislation history 7
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Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Magistrates Court (Fair Trading
Australian Consumer Law Infringement
Notices) Regulation 2024
made under the
Magistrates Court Act 1930
Section 1
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Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
1 Name of regulation
This regulation is the Magistrates Court (Fair Trading Australian
Consumer Law Infringement Notices) Regulation 2024.
2 Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1 The dictionary at the end of this regulation defines certain terms used in
this regulation.
Note 2 A definition in the dictionary applies to the entire regulation unless the
definition, or another provision of the regulation, provides otherwise or
the contrary intention otherwise appears (see Legislation Act, s 155 and
s 156 (1)).
3 Notes
A note included in this regulation is explanatory and is not part of this
regulation.
4 Purpose of regulation
The purpose of this regulation is to provide for infringement notices
under the Magistrates Court Act 1930, part 3.8 for an offence against
the relevant provision.
Note The Magistrates Court Act 1930, pt 3.8 provides a system of infringement
notices for offences against various territory laws. The infringement
notice system is intended to provide an alternative to prosecution.
5 Administering authority
The administering authority for an infringement notice offence
against the relevant provision is the commissioner for fair trading.
Section 6
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6 Infringement notice offence
The Magistrates Court Act 1930, part 3.8 applies to an offence against
the relevant provision.
7 Infringement notice penalty
(1) The penalty payable by an individual for an offence against the
relevant provision, under an infringement notice for the offence, is
$960.
(2) The penalty payable by a corporation for an offence against the
relevant provision, under an infringement notice for the offence, is
$4 800.
(3) The cost of serving a reminder notice for an infringement notice
offence against the relevant provision is $34.
8 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 relevant provision must
identify the authorised person by—
(a) the authorised person’s full name, or surname and initials; or
(b) any unique number given, for this regulation, to the authorised
person by the administering authority.
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 relevant provision must
include the company’s ACN.
Note This requirement under this section is additional to the requirement under
the Magistrates Court Act 1930, s 121 (1) (c).
Section 10
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(2) In this section:
company means a company registered under the Corporations Act.
10 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 relevant provision must
identify the authorised person by—
(a) the authorised person’s full name, or surname and initials; or
(b) any unique number given, for this regulation, to the authorised
person by the administering authority.
11 Authorised person for infringement notice offences
An authorised person may serve the following:
(a) an infringement notice for an infringement notice offence
against the relevant provision;
(b) a reminder notice for an infringement notice offence against the
relevant provision.
12 Prescribed person—Act, s 135 (1)
A public servant is prescribed.
Dictionary
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Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions relevant to this regulation.
For example:
• corporation
• Corporations Act
• individual
• public servant.
Note 2 Terms used in this regulation have the same meaning that they have in
the Magistrates Court Act 1930. For example, the following terms are
defined in that Act, dict:
• administering authority
• infringement notice
• infringement notice offence
• infringement notice penalty
• reminder notice.
authorised person means an investigator appointed under the Fair
Trading (Australian Consumer Law) Act 1992, section 36.
relevant provision means the Fair Trading (Australian Consumer
Law) Act 1992, section 34GA (1).
Endnotes
1 About the endnotes
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Law Infringement Notices) Regulation 2024
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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