Australian Capital Territory

Magistrates Court (Construction Occupations Infringement Notices) Regulations 2004
Subordinate Law SL2004-38

The Australian Capital Territory Executive makes the following regulations under the Magistrates Court Act 1930.
Dated 26 August 2004.
Jon Stanhope
Minister
Bill Wood
Minister

Australian Capital Territory

Magistrates Court (Construction Occupations Infringement Notices) Regulations 2004
Subordinate Law SL2004-38
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 construction occupations legislation	1
	6	Administering authority	2
	7	Infringement notice offences	2
	8	Infringement notice penalties	2
	9	Contents of infringement notices—other information	3
	10	Contents of infringement notices—identifying authorised person	3
	11	Contents of reminder notices—identifying authorised person	4
Schedule 1	Construction occupations infringement notice offences and penalties	5

1	Name of regulations
These regulations are the Magistrates Court (Construction Occupations Infringement Notices) Regulations 2004.
2	Commencement
These regulations commence on the commencement of the Construction Occupations (Licensing) Act 2004, section 6.
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 construction occupations legislation.
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 construction occupations legislation
In these regulations:
construction occupations legislation means the Construction Occupations (Licensing) Act 2004.
6	Administering authority
The administering authority for an infringement notice offence against the construction occupations legislation is the construction occupations registrar.
7	Infringement notice offences
The Magistrates Court Act 1930, part 8 applies to an offence against a provision of the construction occupations legislation mentioned in schedule 1, column 2.
8	Infringement notice penalties
	(1)	The penalty payable by an individual for an offence against the construction occupations legislation, 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 construction occupations legislation, 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 construction occupations legislation is $34.
9	Contents of infringement notices—other information
An infringement notice served on a person by an authorised person for an infringement notice offence against the construction occupations legislation must include—
	(a)	if the person is a company registered under the Corporations Act—the company’s ACN; or
	(b)	if the person is a partner in a partnership—the partnership’s name.
Note	The requirement under this regulation is additional to the requirement under the Magistrates Court Act 1930, s 121 (1) (c).
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 construction occupations legislation must identify the authorised person—
	(a)	by—
	(i)	the authorised person’s full name, or surname and initials; and
	(ii)	the position held by the authorised person as it appears on the authorised person’s identity card; or
	(b)	by any unique number given, for these regulations, to the authorised person by the administering authority.
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 construction occupations legislation must identify the authorised person—
	(a)	by—
	(i)	the authorised person’s full name, or surname and initials; and
	(ii)	the position held by the authorised person as it appears on the authorised person’s identity card; or
	(b)	by any unique number given, for these regulations, to the authorised person by the administering authority.

Schedule 1	Construction occupations infringement notice offences and penalties
(see reg 7 and reg 8)

column 1
item	column 2
offence provision	column 3
offence penalty (penalty unit)	column 4
infringement penalty ($)	
1	section 81	50	1 250	
2	section 84	50	1 250	

Endnotes
1	Notification
	Notified under the Legislation Act on 31 August 2004.
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2004