Magistrates Court (Sale of Residential Property Infringement Notices) Regulation 2004
1Magistrates Court (Sale of Residential Property Infringement Notices) Regulation 2004
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Australian Capital Territory
Magistrates Court (Sale of Residential
Property Infringement Notices)
Regulation 2004
SL2004-24
made under the
Magistrates Court Act 1930
Republication No 5
Effective: 10 June 2015
Republication date: 10 June 2015
Last amendment made by A2015-15
Authorised by the ACT Parliamentary Counsel
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 (Sale of Residential Property Infringement
Notices) Regulation 2004, 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
10 June 2015. It also includes any commencement, amendment, repeal or expiry affecting this
republished law to 10 June 2015.
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 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 $150 for
an individual and $750 for a corporation (see Legislation Act 2001, s 133).
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Magistrates Court (Sale of Residential Property
Infringement Notices) Regulation 2004
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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 (Sale of Residential
Property Infringement Notices)
Regulation 2004
made under the
Magistrates Court Act 1930
Contents
Page
1 Name of regulation 2
3 Purpose of regulation 2
4 Notes 2
5 Administering authority 2
6 Infringement notice offences 2
7 Infringement notice penalties 3
8 Contents of infringement notices—other information 3
9 Contents of infringement notices—identifying authorised person 3
10 Contents of reminder notices—identifying authorised person 4
Contents
Page
contents 2 Magistrates Court (Sale of Residential Property
Infringement Notices) Regulation 2004
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11 Authorised people for infringement notice offences 4
Schedule 1 Civil Law (Sale of Residential Property) Act
infringement notice offences and penalties 5
Endnotes
1 About the endnotes 6
2 Abbreviation key 6
3 Legislation history 7
4 Amendment history 8
5 Earlier republications 9
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Australian Capital Territory
Magistrates Court (Sale of Residential
Property Infringement Notices)
Regulation 2004
made under the
Magistrates Court Act 1930
Section 1
page 2 Magistrates Court (Sale of Residential Property
Infringement Notices) Regulation 2004
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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 (Sale of Residential
Property Infringement Notices) Regulation 2004.
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 Civil Law (Sale of Residential Property) Act 2003.
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 the Legislation Act, s 127 (1), (4) and (5) for the legal status of
notes.
5 Administering authority
The administering authority for an infringement notice offence
against the Civil Law (Sale of Residential Property) Act 2003 is the
commissioner for fair trading.
6 Infringement notice offences
The Magistrates Court Act 1930, part 3.8 applies to an offence
against a provision of the Civil Law (Sale of Residential Property)
Act 2003 mentioned in schedule 1, column 2.
Section 7
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7 Infringement notice penalties
(1) The penalty payable by an individual for an offence against the
Civil Law (Sale of Residential Property) Act 2003, 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 Civil
Law (Sale of Residential Property) Act 2003, 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 Civil Law (Sale of Residential Property)
Act 2003 is $34.
8 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 Civil Law
(Sale of Residential Property) Act 2003 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.
9 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 Civil Law (Sale of
Residential Property) Act 2003 must identify the authorised person
by—
(a) the authorised person’s full name, or surname and initials; or
Section 10
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Infringement Notices) Regulation 2004
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(b) any unique number given to the person by the administering
authority for this regulation.
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 Civil Law (Sale of
Residential Property) Act 2003 must identify the authorised person
by—
(a) the authorised person’s full name, or surname and initials; or
(b) any unique number given to the person by the administering
authority for this regulation.
11 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 Civil Law (Sale of Residential Property) Act 2003;
(b) a reminder notice for an infringement notice offence against
the Civil Law (Sale of Residential Property) Act 2003.
Civil Law (Sale of Residential Property) Act infringement notice offences
and penalties
Schedule 1
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Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Schedule 1 Civil Law (Sale of Residential
Property) Act infringement
notice offences and penalties
(see s 6 and s 7)
column 1
item
column 2
offence provision
column 3
offence penalty
(penalty units)
column 4
infringement
penalty ($)
1 section 10 10 250
2 section 22 (1) 5 100
3 section 28 50 500
4 section 32 50 500
Endnotes
1 About the endnotes
page 6 Magistrates Court (Sale of Residential Property
Infringement Notices) Regulation 2004
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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
Endnotes
Legislation history 3
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3 Legislation history
This regulation was originally the Magistrates Court (Sale of Residential Property
Infringement Notices) Regulations 2004. It was renamed under the Legislation
Act 2001.
Magistrates Court (Sale of Residential Property Infringement Notices)
Regulation 2004 SL2004-24
notified LR 30 June 2004
s 1, s 2 commenced 30 June 2004 (LA s 75 (1))
remainder commenced 1 July 2004 (s 2)
as amended by
Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.37
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.37 commenced 2 June 2005 (s 2 (1))
Fair Trading (Australian Consumer Law) Amendment Act 2010
A2010-54 sch 3 pt 3.18
notified LR 16 December 2010
s 1, s 2 commenced 16 December 2010 (LA s 75 (1))
sch 3 pt 3.18 commenced 1 January 2011 (s 2 (1))
Statute Law Amendment Act 2015 A2015-15 sch 3 pt 3.35
notified LR 27 May 2015
s 1, s 2 commenced 27 May 2015 (LA s 75 (1))
sch 3 pt 3.35 commenced 10 June 2015 (s 2)
Endnotes
4 Amendment history
page 8 Magistrates Court (Sale of Residential Property
Infringement Notices) Regulation 2004
Effective: 10/06/15
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4 Amendment history
Name of regulation
s 1 am R2 LA
Commencement
s 2 om LA s 89 (4)
Contents of infringement notices—identifying authorised person
s 9 am A2005-20 amdt 3.313
Contents of reminder notices—identifying authorised person
s 10 am A2005-20 amdt 3.313
Authorised people for infringement notice offences
s 11 am A2010-54 amdt 3.46; A2015-15 amdt 3.125, amdt 3.126