Australian Capital Territory
Magistrates Court (Agents Infringement Notices) Regulations 2003    
SL2003-39
made under the
Magistrates Court Act 1930
Republication No 2
Effective:  25 August 2004 – 2 November 2004
Republication date: 25 August 2004
Last amendment made by A2004-42

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Magistrates Court (Agents Infringement Notices) Regulations 2003, 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 25 August 2004.  It also includes any amendment, repeal or expiry affecting the republished law to 25 August 2004.  
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 or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
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 Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Magistrates Court (Agents Infringement Notices) Regulations 2003
made under the
Magistrates Court Act 1930
    
Contents
	Page
	1	Name of regulations	2
	3	Purpose of regulations	2
	4	Notes	2
	5	Meaning of Agents Act	2
	6	Administering authority	2
	7	Infringement notice offences	2
	8	Infringement notice penalties	3
	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
	12	Authorised people for infringement notice offences	4
Schedule 1	Agents Act infringement notice offences and penalties	5
Endnotes
	1	About the endnotes	7
	2	Abbreviation key	7
	3	Legislation history	8
	4	Amendment history	8
	5	Earlier republications	9

Australian Capital Territory
Magistrates Court (Agents Infringement Notices) Regulations 2003     

made under the
Magistrates Court Act 1930

    

  

1	Name of regulations
These regulations are the Magistrates Court (Agents Infringement Notices) Regulations 2003.
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; or
	(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; or
	(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	

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 and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
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

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
cl = clause	pres = present	
def = definition	prev = previous	
dict = dictionary	(prev...) = previously	
disallowed = disallowed by the Legislative 	pt = part	
Assembly	r = rule/subrule	
div = division	reg = regulation/subregulation	
exp = expires/expired	renum = renumbered	
Gaz = Gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
Magistrates Court (Agents Infringement Notices) Regulations 2003 SL2003-39
notified LR 31 October 2003 
reg 1, reg 2 commenced 31 October 2003 (LA s 75 (1))
remainder commenced 1 November 2003 (reg 2)
as amended by
Statute Law Amendment Act 2004 A2004-42 sch 3 pt 3.15
notified LR 11 August 2004
s 1, s 2 commenced 11 August 2004 (LA s 75 (1))
sch 3 pt 3.15 commenced 25 August 2004 (s 2 (1))
4	Amendment history
Commencement
reg 2	om LA s 89 (4)
Contents of infringement notices—identifying authorised person
reg 10	am A2004-42 amdt 3.81
Contents of reminder notices—identifying authorised person
reg 11	am A2004-42 amdt 3.81

5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R1
1 Nov 2003	1 Nov 2003–24 Aug 2004	not amended	new regulations	

©  Australian Capital Territory 2004