Australian Capital Territory
Magistrates Court (Sale of Residential Property Infringement Notices) Regulations 2004
Subordinate Law SL2004-24

The Australian Capital Territory Executive makes the following regulations under the Magistrates Court Act 1930.
Dated 30 June 2004.
Jon Stanhope
Minister
Ted Quinlan
Minister

Australian Capital Territory
Magistrates Court (Sale of Residential Property Infringement Notices) Regulations 2004
Subordinate Law SL2004-24
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	Administering authority	1
	6	Infringement notice offences	2
	7	Infringement notice penalties	2
	8	Contents of infringement notices—other information	2
	9	Contents of infringement notices—identifying authorised person	3
	10	Contents of reminder notices—identifying authorised person	3
	11	Authorised people for infringement notice offences	3
Schedule 1	Civil Law (Sale of Residential Property) Act infringement notice offences and penalties	4

1	Name of regulations
These regulations are the Magistrates Court (Sale of Residential Property Infringement Notices) Regulations 2004.
2	Commencement
These regulations commence on 1 July 2004.
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 Civil Law (Sale of Residential Property) Act 2003.
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	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 8 applies to an offence against a provision of the Civil Law (Sale of Residential Property) Act 2003 mentioned in schedule 1, column 2.
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 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.
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; and
	(b)	any unique number given to the person by the administering authority under regulation 5 (Administering authority) for these regulations.
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; and
	(b)	any unique number given to the person by the administering authority under regulation 5 (Administering authority) for these regulations.
11	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 Civil Law (Sale of Residential Property) Act 2003; and
	(b)	a reminder notice for an infringement notice offence against the Civil Law (Sale of Residential Property) Act 2003.

Schedule 1	Civil Law (Sale of Residential Property) Act infringement notice offences and penalties
(see reg 6 and reg 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	Notification
	Notified under the Legislation Act on 30 June 2004.
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.