Australian Capital Territory

Magistrates Court (Agents Infringement Notices) Regulations 2003
Subordinate Law SL2003-39

The Australian Capital Territory Executive makes the following regulations under the Magistrates Court Act 1930.
Dated 31 October 2003.
Bill Wood
Minister
Jon Stanhope
Minister

Australian Capital Territory

Magistrates Court (Agents Infringement Notices) Regulations 2003
Subordinate Law SL2003-39
made under the
Magistrates Court Act 1930

    
Contents
	Page
	1	Name of regulations	1
	2	Commencement	1
	3	Purpose of regulations	1
	4	Notes	1
	5	Meaning of Agents Act	1
	6	Administering authority	2
	7	Infringement notice offences	2
	8	Infringement notice penalties	2
	9	Contents of infringement notices—other information	2
	10	Contents of infringement notices—identifying authorised person	3
	11	Contents of reminder notices—identifying authorised person	3
	12	Authorised people for infringement notice offences	3
Schedule 1	Agents Act infringement notice offences and penalties	4

1	Name of regulations
These regulations are the Magistrates Court (Agents Infringement Notices) Regulations 2003.
2	Commencement
These regulations commence on 1 November 2003.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Purpose of regulations
The purpose of these regulations is to provide for infringement notices under the Magistrates Court Act 1930, part 8, for certain offences against the Agents Act.
Note	The Magistrates Court Act 1930, pt 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 these regulations is explanatory and is not part of these regulations.
Note	See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5	Meaning of Agents Act
In these regulations:
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 8 applies to an offence against a provision of the Agents Act mentioned in schedule 1, column 2.
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 regulation is additional to the requirement under the Magistrates Court Act 1930, s 121 (1) (c).
	(2)	In this regulation:
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 under regulation 6 (Administering authority) for these regulations; and
	(b)	the authorised person’s full name, or surname and initials.
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 under regulation 6 (Administering authority) for these regulations; and
	(b)	the authorised person’s full name, or surname and initials.
12	Authorised people for infringement notice offences
An investigator under the Fair Trading (Consumer Affairs) Act 1973, section 9 may serve—
	(a)	an infringement notice for an infringement notice offence against the Agents Act; and
	(b)	a reminder notice for an infringement notice offence against the Agents Act.

Schedule 1	Agents Act infringement notice offences and penalties
(see reg 7 and reg 8)

column 1
item	column 2
provision	column 3
offence penalty
(penalty units)	column 4
infringement penalty ($)	
1	section 18 (1) (b) (i)	100	1000	
2	section 19 (1) (b) (i)	100	1000	
3	section 20 (1) (b) (i)	100	1000	
4	section 21 (1) (b) (i)	100	1000	
5	section 22 (1) (b) (i)	100	1000	
6	section 69 (1) 	100	500	
7	section 69 (2) 	100	500	
8	section 70 (1)	100	500	
9	section 70 (2)	100	500	
10	section 74	50	500	
11	section 75 (2)	50	500	
12	section 77 (1)	100	1000	
13	section 106 	100	500	
14	section 107 (2)	100	500	
15	section 107 (3)	100	500	
16	section 108	100	1000	
17	section 110	100	1000	
18	section 115 (2)	50	500	
19	section 124 (4)	20	100	
20	section 127 (1) 	50	500	
21	section 127 (3)	50	500	
22	section 127 (5)	30 	300	
23	section 128	50	500	
24	section 133 (1)	200	2000	
25	section 133 (2)	200	2000	
26	section 133 (3)	200	2000	
27	section 134	100	1000	
28	section 202	30	150	

Endnote
	Notification
	Notified under the Legislation Act on 31 October 2003.
	(see www.legislation.act.gov.au)

© Australian Capital Territory 2003