Sale of Land (Infringements) Regulations 2024

Prescribing an infringement offence: The Regulations operate only to identify which statutory contraventions are to be treated as "infringement offences" for the purposes of section 48B of the Sale of Land Act 1962, and to fix the associated infringement penalty in penalty units (reg 5(1)-(2); Schedule 1). The concept is regulatory classification rather than creation of new substantive law.

Schedule 1 mapping: Schedule 1 is the operative table. Column 2 lists the legal provisions whose breach attracts an infringement notice. Column 3 sets the infringement penalty in penalty units. The Schedule includes:

• Offences against sections 33B(1), 33B(2), 33B(4) and 33B(5) of the Sale of Land Act 1962 (items 1-4 of the Schedule) (Sch 1, Column 2).
• An offence against section 43 of the Sale of Land Act 1962 (item 5) (Sch 1, Column 2).
• Offences against regulation 6(1)-(5) of the Sale of Land (Public Auctions) Regulations 2024, each listed separately and each carrying 1 penalty unit (items 6-10) (Sch 1, Column 2).

Penalty units and conversion: Penalties are expressed in penalty units rather than dollar amounts (Sch 1, Column 3; Explanatory details). The Regulations refer users to the Sentencing Act 1991 for the meaning of a penalty unit and to the Monetary Units Act 2004 for the method and timetable by which the Treasurer fixes the dollar value of a penalty unit. For the financial year commencing 1 July 2024 the explanatory material states the value of a penalty unit is $197.59, allowing immediate conversion and rounding to the nearest dollar (Explanatory details, Penalty Units).

Relationship to other subordinate instruments: The Schedule defines "the Regulations" as the Sale of Land (Public Auctions) Regulations 2024 (Sch 1, definitions). Thus this instrument links to obligations that appear in that separate subordinate instrument; it does not reproduce the content of regulation 6 but prescribes that contraventions of regulation 6(1)-(5) are infringement offences carrying a set penalty.

Temporal and sunset mechanics: The instrument revokes the 2014 infringement regulations and replaces them with this 2024 version (reg 4; Endnotes). The endnotes state the Statutory Rule was made on 20 August 2024 and commenced 21 August 2024, and that the Regulations will sunset ten years after making under the Subordinate Legislation Act 1994 (Endnotes, General information).

Interpretation and form: The endnotes also remind users that headings, notes and punctuation included in Statutory Rules made on or after 1 January 2001 form part of the instrument and that legislative items are located at the foot of the provision to which they relate (Endnotes, Interpretation of Legislation Act 1984). Those interpretive points affect how Schedule entries should be located and read in the printed or online statutory form.

Persons subject to the provisions listed in Schedule 1: The Regulations affect anyone who may commit an offence against the specific provisions listed in Schedule 1, namely sections 33B(1), 33B(2), 33B(4), 33B(5) and section 43 of the Sale of Land Act 1962, and regulation 6(1)-(5) of the Sale of Land (Public Auctions) Regulations 2024 (Sch 1, Column 2). The instrument does not itself define the scope of those underlying provisions. To determine the personal and entity-level scope of impact (for example, whether vendors, agents, auctioneers, or third parties are liable), readers must consult the substantive provisions of the Sale of Land Act 1962 and the Public Auctions Regulations 2024 cited in the Schedule.

Regulatory counterparties and enforcement administrators: The Regulations were made by the Governor in Council under the Sale of Land Act 1962 (reg 2; Endnotes). The instrument does not name an enforcement agency, nor does it set procedural mechanisms for issuing infringement notices beyond its cross-reference to section 48B of the Sale of Land Act 1962 (reg 5(1)-(2)); therefore, the practical actors that will issue infringement notices, record receipt of payments, or pursue unpaid notices will be determined by the Sale of Land Act 1962 and any administrative arrangements made under it. The Regulations themselves do not allocate prosecutorial discretion or administrative custody to a named agency.

Businesses operating auctions or sales of land: Because five listed items are contraventions of regulation 6(1)-(5) of the Sale of Land (Public Auctions) Regulations 2024 (Sch 1 items 6-10), persons running public auctions or otherwise conducting auction-related activities regulated by that instrument will be specifically affected. The Schedule explicitly defines "the Regulations" as S.R. No. 48/2024 (Sch 1 definitions; Explanatory details), so operators must read the Public Auctions Regulations 2024 to know what conduct attracts the 1 penalty unit infringement penalty for each subregulation listed.

Accountants, compliance officers and counsel for property market participants: These professionals will be affected in their advisory role because the Regulations change the practical compliance cost of contravening the listed offences by converting the monetary consequence into an infringement regime amount. The penalty amounts for 2024-25 can be calculated immediately using the stated penalty unit value in the Explanatory details, and are therefore relevant to risk quantification and compliance planning.

Temporal stakeholders: Because the Regulations revoke the 2014 instrument and will sunset ten years after making, stakeholders must be alert to transition arrangements between the old and new regimes, to any administrative guidance that the relevant administering authority may issue, and to changes in the penalty unit value that occur annually (reg 4; Endnotes; Explanatory details).

What these Regulations impose: The Regulations themselves do not impose new substantive duties. Instead they designate certain existing offences under the Sale of Land Act 1962 and the Sale of Land (Public Auctions) Regulations 2024 as "infringement offences" and fix the infringement penalty for those contraventions (reg 5; Schedule 1). Therefore the operational duty for affected persons is to comply with the substantive provisions of the Act and the Public Auctions Regulations that are listed in Schedule 1. Compliance with those underlying provisions is what avoids liability for an infringement notice under this instrument.

Rights and procedural consequences indicated by the text: The Regulations operate through section 48B of the Sale of Land Act 1962, which the instrument cites as the statutory basis for prescribing infringement offences and penalties (reg 5(1)-(2)). The instrument does not itself set out procedural entitlements such as time to respond to an infringement notice, how to pay, review or appeal procedures, or whether the matter may be prosecuted criminally if unpaid. Those procedural rights and options are governed by the Sale of Land Act 1962 and other applicable procedural statutes or agency practice. Users must consult section 48B and relevant procedural provisions in the Act and any administrative guidelines to determine rights to contest, elect trial, or seek internal review.

Monetary exposure and calculation rule: The Regulations fix the quantum of infringement penalties in penalty units, not in dollars. The explanatory material specifies that the value of a penalty unit for the 2024-25 financial year is $197.59 and that calculated amounts may be rounded to the nearest dollar (Explanatory details, Penalty Units). Practitioners should therefore treat the number in Column 3 of Schedule 1 as the variable "multiplier" and use the then-current penalty unit value published under the Monetary Units Act 2004 to compute the dollar amount. For example, under the 2024-25 value stated in the explanatory details, a contravention listed at 5 penalty units would equate to $987.95 before rounding (Sch 1; Explanatory details).

Interaction with substantive penalties: The instrument does not state whether the infringement penalties replace, supplement, or are alternative to other criminal penalties that may be available under the Sale of Land Act 1962 for the same conduct. The Regulations’ legal effect is limited to prescribing offences as "infringement offences for the purposes of section 48B" and fixing the infringement penalty under section 48B(3) (reg 5). To understand the ultimate range of sanctions available for a named contravention (for example higher court-imposed fines or other sanctions), practitioners must read the substantive provisions of the Sale of Land Act 1962 and the Public Auctions Regulations 2024 and the procedural text of section 48B.

Administrative consequences and obligations not spelled out: The Regulations do not include administrative directions such as form of notice, time limits, remission or reduction mechanisms, enforcement escalation for unpaid notices, or record-keeping obligations arising from issuance of infringement notices. Those matters are likely governed elsewhere in the Sale of Land Act 1962 or by general infringement notice frameworks; the Regulations themselves are limited to the classification and quantum of infringement penalties.

Prescribed infringement penalties and conversion to dollars: Schedule 1 lists the infringement penalty in penalty units for each prescribed offence. Under the explanatory details the value of a penalty unit for the financial year commencing 1 July 2024 is $197.59, and the calculated penalty may be rounded to the nearest dollar (Explanatory details, Penalty Units). Using that stated value:

• An offence listed at 1 penalty unit equals $197.59, rounded to $198 (Sch 1; Explanatory details).
• An offence listed at 5 penalty units equals $987.95, rounded to $988 (Sch 1; Explanatory details).
• An offence listed at 12 penalty units equals $2,371.08, rounded to $2,371 (Sch 1; Explanatory details).

Practitioners must not treat these dollar figures as fixed for future financial years because the Treasurer fixes the value of a penalty unit annually under the Monetary Units Act 2004 and publishes it in advance (Explanatory details).

Which contraventions carry which penalty units: The Schedule specifies different quantum depending on the listed provision:

• 5 penalty units for offences against s 33B(1) and s 33B(2) of the Act (Schedule 1 items 1-2).
• 12 penalty units for offences against s 33B(4) and s 33B(5) of the Act, and s 43 of the Act (Schedule 1 items 3-5).
• 1 penalty unit for each of regulation 6(1)-(5) of the Public Auctions Regulations 2024 (Schedule 1 items 6-10).

Enforcement mechanism reference: The Regulations rely on section 48B of the Sale of Land Act 1962 as the statutory pathway by which infringement offences and penalties are prescribed and, implicitly, by which infringement notices will be issued and processed (reg 5(1)-(2)). The Regulations themselves do not set out the operational steps for notice issuance, collection or review; those procedural matters must be read in section 48B and any applicable infringement notice framework in the Act.

Administrative authority and practical enforcement actors: The instrument records that it was made by the Governor in Council (Endnotes) but does not name the agency that will administer or enforce infringement notices. The identity of the enforcement agency, the persons authorised to issue notices and any delegation arrangements will depend on the Sale of Land Act 1962 or administrative instruments not reproduced here. Readers should therefore consult the relevant parts of the Act and administrative guidance to identify the enforcing body.

Revocation and continuity: The Regulations revoke the 2014 infringement regulations (reg 4). The instrument does not supply transitional provisions regarding outstanding infringement notices issued under the revoked instrument. Practitioners should check administrative guidance or the revoked instrument itself for any transitional arrangements affecting notices issued before 21 August 2024.

Sanctions beyond the infringement regime: The Regulations do not address whether a contravention that is the subject of an infringement notice can also be prosecuted criminally or attract other remedies. The Regulations’ express role is limited to prescribing offences as "infringement offences" for section 48B. To determine whether an infringement notice is the exclusive remedy or whether prosecution remains an option, consult the Sale of Land Act 1962 and prosecutorial policy.

Sale of Land Act 1962: The Regulations are made under sections 17 and 48 of the Sale of Land Act 1962 and operate directly for the purposes of section 48B of that Act, prescribing which offences are to be dealt with through the infringement notice mechanism and the penalty unit quantum to apply (reg 2; reg 5). The substantive elements of the offences listed in Schedule 1 are set out in the Sale of Land Act 1962; the Regulations do not reproduce those elements and thus must be read with the Act to identify conduct that attracts an infringement notice.

Sale of Land (Public Auctions) Regulations 2024: Schedule 1 treats breaches of regulation 6(1)-(5) of that subordinate instrument as infringement offences carrying 1 penalty unit each (Sch 1, items 6-10). The Schedule explicitly defines "the Regulations" to mean the Sale of Land (Public Auctions) Regulations 2024 (Sch 1, definitions). Therefore the content of reg 6(1)-(5) of the Public Auctions Regulations 2024 is directly relevant to determining whether an infringement penalty may be imposed for those auction-related contraventions.

Sentencing Act 1991 and Monetary Units Act 2004: Penalties are expressed in penalty units and the explanatory details point readers to section 110 of the Sentencing Act 1991 for the meaning of penalty units (Explanatory details). The Monetary Units Act 2004 governs the method of converting penalty units to dollar amounts and empowers the Treasurer to fix the value for each financial year; the explanatory details summarise that process and the publication requirement (Explanatory details). That means the dollar cost of the fixed penalty will vary with Treasurer determinations and must be computed at the time an infringement notice is issued.

Subordinate Legislation Act 1994 and sunsetting: The endnotes state the Regulation will sunset ten years after the day of making, on 20 August 2034, under section 5 of the Subordinate Legislation Act 1994 (Endnotes, General information). That statutory relationship creates a temporal limitation and a mechanism for parliamentary oversight through the sunsetting regime.

Interpretation of Legislation Act 1984: The endnotes include interpretive reminders from the Interpretation of Legislation Act 1984 about headings, examples, punctuation and provision numbering forming part of the Statutory Rule where applicable (Endnotes, Interpretation of Legislation Act 1984). Those interpretive cross-references affect how the Schedule and any notes are treated in legal reading and publication.

Revoked subordinate instrument: The Regulations revoke the Sale of Land (Infringements) Regulations 2014 (reg 4). Any interaction between the new and old regimes, including transitional administrative arrangements or the treatment of previously issued notices, is not specified in the text and must be investigated by reference to administrative guidance or transitional provisions if they exist elsewhere.

Making and commencement: The Regulations are S.R. No. 75/2024, made on 20 August 2024 by the Governor in Council under sections 17 and 48 of the Sale of Land Act 1962 and came into operation on 21 August 2024 (Endnotes, General information; reg 3).

Revocation of prior instrument: Regulation 4 expressly revokes the Sale of Land (Infringements) Regulations 2014 (reg 4; Endnotes, Reg 4 note). The explanatory details refer to the 2014 instrument as S.R. No. 115/2014 (Explanatory details, Reg 4 note). The new statutory rule replaces the 2014 version as the operative infringement-prescribing instrument.

Table of amendments status: The instrument’s internal Table of Amendments states that there are no amendments made to the Sale of Land (Infringements) Regulations 2024 by later statutory rules, subordinate instruments or Acts (Endnotes, Table of Amendments). That confirms that, as at the version date (21 August 2024), the instrument has not been subsequently amended.

Sunset provision: The instrument will sunset ten years after the day of making on 20 August 2034 in accordance with section 5 of the Subordinate Legislation Act 1994, as stated in the endnotes (Endnotes, General information). Practitioners should note the instrument’s finite legislative life and monitor for replacement or renewal activity approaching that date.

Versioning and publication: The statutory rule is presented as Version No. 001 and the version is shown as at 21 August 2024 (title information). The endnotes advise that the official online source for Victorian bills, Acts and current versions of legislation is www.legislation.vic.gov.au, which is the place to track any future amendments or reprints (Endnotes, General information).

Interpretive amendments and style changes: The endnotes record interpretive and style matters governed by the Interpretation of Legislation Act 1984 (Endnotes, Interpretation of Legislation Act 1984). Those are not amendments to substantive effect but do affect how headings, notes and punctuation are to be treated in the statutory text. They are relevant when comparing earlier versions of subordinate instruments.

No cases or judicial decisions are recorded in this instrument. The Regulations themselves do not include any reference to litigation, judicial consideration or case law, and the Table of Amendments records that there have been no amendments to this instrument since it was made (Endnotes, Table of Amendments). The text does not name any cases and does not contain references to decisions that interpret the chosen offences or penalty regime.

Because the Regulations are primarily classificatory and procedural , identifying which offences are to be treated as infringement offences and fixing penalty unit quantum , any litigation that might arise in future would be expected to engage the substantive provisions of the Sale of Land Act 1962 or the Public Auctions Regulations 2024, or to test procedural issues under the infringement notice scheme referenced in section 48B of the Sale of Land Act. Those potential avenues are not evidenced in this instrument.

Practitioners seeking precedent concerning the enforcement or interpretation of these infringement prescriptions must therefore inspect subsequent decisions under the Sale of Land Act 1962 or rulings about the relevant Public Auctions Regulations. At the date of this instrument, no such litigation history is recorded in the statutory record provided.

Scope confusion without reading the parent instruments: The Regulations list particular sections and sub-sections of the Sale of Land Act 1962 and of regulation 6(1)-(5) of the Public Auctions Regulations 2024 but do not reproduce their text. A common practical pitfall is to treat the Schedule as self-contained; in fact liability depends on the detailed elements and defences in the underlying provisions. For example, Schedule 1 prescribes offences under s 33B(1), (2), (4) and (5) and s 43 of the Act and reg 6(1)-(5) of the Public Auctions Regulations; to know what conduct is captured, the Act and the Public Auctions Regulations must be read in full (reg 5; Sch 1).

Variable dollar exposure: The Schedule fixes penalties in penalty units and not in dollars (Sch 1, Column 3). The explanatory material shows the 2024-25 penalty unit value as $197.59 and allows rounding to the nearest dollar, but the Treasurer is required to fix the value for future years (Explanatory details). A gotcha is failing to re-calculate exposure when the Treasurer changes the value of a penalty unit at the beginning of each financial year. An infringement notice issued in a later financial year will use the then-current penalty unit value.

Assuming exclusivity: The Regulations prescribe infringement penalties for the purposes of section 48B but do not state whether an infringement notice is the exclusive enforcement mechanism or an alternative to prosecution. It would be a mistake to assume that an infringement notice forecloses criminal prosecution or other remedies in all circumstances without checking the Sale of Land Act 1962 and prosecutorial policy.

Transitional uncertainty from revocation: The Regulations revoke the 2014 instrument (reg 4). The text does not specify transitional arrangements for notices issued under the revoked instrument or for events that straddle the revocation date. Practitioners should check the revoked instrument and agency guidance to confirm whether notices outstanding at revocation are affected.

Small differences in penalty quantum across subsections: The Schedule assigns different penalty units to different subsections of the same section (for example, s 33B(1) and (2) attract 5 penalty units, whereas s 33B(4) and (5) attract 12 penalty units). Failure to distinguish between those sub-provisions when advising clients on exposure will produce incorrect estimates of likely infringement penalty amounts.

Definitions and cross-references: The Schedule defines "the Regulations" to mean the Sale of Land (Public Auctions) Regulations 2024 (Sch 1 definitions). If a practitioner consults older or different versions of the Public Auctions Regulations, they may misidentify the precise content of reg 6(1)-(5) that the Schedule refers to. Always refer to S.R. No. 48/2024 for the correct text of reg 6.

No procedural detail in the instrument: The Regulations do not specify procedural steps for issuing infringement notices, payment windows, or review rights. Those procedural "gotchas" require reference to section 48B and to administrative enforcement arrangements. Do not assume procedural protections or processes that are commonly associated with other infringement frameworks unless they are clearly present in the Act.

Rounding issues at the margin: The Explanatory details permit rounding to the nearest dollar for the calculated penalty (Explanatory details, Penalty Units). For multiple offences or for consecutive notices, small rounding variations may matter in accounting and compliance records. Accountants should apply the rounding rule consistently and document the computation.

Sunset and regulatory planning: The instrument will sunset on 20 August 2034 under the Subordinate Legislation Act 1994 unless renewed or replaced (Endnotes, General information). Entities with long-term compliance plans should note the sunset date for budgeting and for any statutory reform that might change enforcement mechanics before that date.

Step 1 , Identify whether the client’s conduct is captured: Start by checking whether the conduct falls within any of the provisions listed in Schedule 1. That requires reading:

• Sections 33B(1), 33B(2), 33B(4), 33B(5) and section 43 of the Sale of Land Act 1962; and
• Regulation 6(1)-(5) of the Sale of Land (Public Auctions) Regulations 2024, S.R. No. 48/2024 (Sch 1, Column 2; Sch 1 definition of "the Regulations").

Step 2 , Quantify infringement exposure: Use the penalty unit multipliers in Schedule 1 and the current value of a penalty unit at the time of the potential infringement. For 2024-25 the explanatory material sets the value as $197.59 and allows rounding to the nearest dollar (Explanatory details). Compute the dollar amount:

• 1 penalty unit = $197.59, rounded $198;
• 5 penalty units = $987.95, rounded $988;
• 12 penalty units = $2,371.08, rounded $2,371. Document the calculation and note that the Treasurer may change the value of the penalty unit in future years (Explanatory details).

Step 3 , Prevent contravention by addressing the underlying obligations: Because these Regulations do not create new duties but only prescribe contraventions as infringement offences, compliance means meeting the substantive obligations in the cited provisions of the Sale of Land Act 1962 and the Public Auctions Regulations 2024. Implement or update compliance checklists, training, and procedural controls targeted at the behaviours regulated in those provisions. Where reg 6(1)-(5) of the Public Auctions Regulations applies, ensure auction procedures are reviewed against the published text of reg 6 in S.R. No. 48/2024.

Step 4 , Document evidence and maintain records: Keep contemporaneous records that would be relevant to defending an allegation of contravention under the listed provisions. Because the Regulations do not set procedural protections, administrative practices for handling infringement notices may require the production of records to the enforcing body or court.

Step 5 , Monitor enforcement practice and administrative guidelines: Identify which agency or official issues infringement notices under section 48B of the Sale of Land Act 1962 and obtain any published infringement notice forms, payment procedures, timeframes to pay or elect court action, and internal review mechanisms. The Regulations themselves do not provide these details; they operate through s 48B of the Act (reg 5).

Step 6 , Keep contract and client advice updated to reflect monetary changes: Because penalty units are recalculated each financial year, include in client risk reports the current penalty unit value and the date on which the calculation was made. Add a trigger to review standard clauses or compliance budgets at the start of each financial year when the Treasurer publishes the new penalty unit value under the Monetary Units Act 2004 (Explanatory details).

Step 7 , Check for transitional issues following revocation: If dealing with conduct or notices dated around 21 August 2024, confirm whether the matter falls under the old 2014 regulations or the new 2024 Regulations. The new instrument revokes the 2014 regulations but does not state transitional arrangements; therefore confirm administrative practice for matters that straddle the revocation date (reg 4; Endnotes).

Step 8 , Record statutory references in advice: When preparing client advice, cite the Regulations (S.R. No. 75/2024), the specific Schedule item, the relevant provision of the Sale of Land Act 1962 or the Public Auctions Regulations 2024, and the current penalty unit value and source (Explanatory details). Where precision is required for litigation or formal notices, refer to the online consolidated text at www.legislation.vic.gov.au as recommended in the Endnotes.

Step 9 , Consider escalation and dispute routes: Because the Regulations do not specify whether an infringement notice excludes prosecution, advise clients to treat an issued notice seriously and to obtain prompt legal advice about options to pay, elect court determination if available, or seek administrative review. The specific procedural options will be found in the Sale of Land Act 1962 and any enforcement policy.

Step 10 , Watch the sunsetting timetable and legislative change: Note that these Regulations will sunset on 20 August 2034 and plan compliance reviews and policy advocacy accordingly. Where clients have ongoing exposure to the sale and auction of land, schedule periodic legal reviews to capture any reform, replacement or administrative guidance issued before the sunset date (Endnotes, General information).

Document checklist (practical):

• Obtain and read the full text of the Sale of Land Act 1962 provisions listed in Schedule 1.
• Obtain and read regulation 6(1)-(5) of the Sale of Land (Public Auctions) Regulations 2024.
• Compute current dollar exposure using the Treasurer’s published penalty unit value.
• Implement operational controls addressing the conduct prohibited by those provisions.
• Maintain dated records to evidence compliance or good-faith attempts to comply.
• Monitor the enforcing agency’s infringement notice procedures and timelines.
• Update client risk registers and compliance budgets annually when the penalty unit value is fixed.

For legislative copies and updates: Use the official Victorian legislation website at www.legislation.vic.gov.au as the authoritative source for the Act, these Regulations (S.R. No. 75/2024), the Public Auctions Regulations 2024 (S.R. No. 48/2024) and any subsequent amendments (Endnotes, General information).