Australian Capital Territory
Magistrates Court (Building Infringement Notices) Regulation 2008
Subordinate Law SL2008-10

The Australian Capital Territory Executive makes the following regulation under the Magistrates Court Act 1930.
Dated 27 March 2008.
Simon Corbell
Minister
Katy Gallagher
Minister

Australian Capital Territory
Magistrates Court (Building Infringement Notices) Regulation 2008
Subordinate Law SL2008-10
made under the
Magistrates Court Act 1930

    
    
Contents
	Page
	1	Name of regulation	1
	2	Commencement	1
	3	Purpose of regulation	1
	4	Dictionary	1
	5	Notes	2
	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	3
	12	Authorised people for infringement notice offences	4
Schedule 1	Building legislation infringement notice offences and penalties	5
Part 1.1	Building Act 2004	5
Part 1.2	Building (General) Regulation 2008	5
Dictionary		6

1	Name of regulation
This regulation is the Magistrates Court (Building Infringement Notices) Regulation 2008.
2	Commencement
This regulation commences on the commencement of the Building Legislation Amendment Act 2007, schedule 1, part 1.1, amendment 1.46.
Note 	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Purpose of regulation
The purpose of this regulation is to provide for infringement notices under the Magistrates Court Act 1930, part 3.8 for certain offences against the building legislation.
Note	The Magistrates Court Act 1930, pt 3.8 provides a system of infringement notices for offences against various Acts. The infringement notice system is intended to provide an alternative to prosecution.
4	Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1	The dictionary at the end of this regulation defines certain terms used in this regulation.
Note 2	A definition in the dictionary applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
5	Notes
A note included in this regulation is explanatory and is not part of this regulation.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
6	Administering authority
The administering authority for an infringement notice offence against the building legislation is the construction occupations registrar.
7	Infringement notice offences
The Magistrates Court Act 1930, part 3.8 applies to an offence against a provision of the building legislation mentioned in schedule 1, column 2.
8	Infringement notice penalties
	(1)	The penalty payable by an individual for an offence against the building 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 building 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 building 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 building 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 section 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 building legislation must identify the authorised person by—
	(a)	the authorised person’s full name, or surname and initials; or
	(b)	any unique number given, for this regulation, 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 building legislation must identify the authorised person by—
	(a)	the authorised person’s full name, or surname and initials; or
	(b)	any unique number given, for this regulation, to the authorised person by the administering authority.
12	Authorised people for infringement notice offences
	(1)	An inspector may serve—
	(a)	an infringement notice for an infringement notice offence against the building legislation; and
	(b)	a reminder notice for an infringement notice offence against the building legislation.
Note	For how documents may be served, see the Legislation Act, pt 19.5.
	(2)	In this section:
builder––see the Construction Occupations (Licensing) Act 2004, section 8.
building surveyor––see the Construction Occupations (Licensing) Act 2004, section 9.
construction occupation––see the Construction Occupations (Licensing) Act 2004, section 7.
inspector means––
	(a)	a building inspector under the Building Act 2004; or
	(b)	a compliance auditor under the Construction Occupations (Licensing) Act 2004; or
	(c)	a deputy registrar appointed under the Construction Occupations (Licensing) Act 2004, section 106 for the construction occupation of builder; or
	(d)	a deputy registrar appointed under the Construction Occupations (Licensing) Act 2004, section 106 for the construction occupation of building surveyor.

Schedule 1	Building legislation infringement notice offences and penalties
(see s 7 and s 8)
Part 1.1	Building Act 2004

column 1
item	column 2
offence provision	column 3
offence penalty
(penalty units)	column 4
infringement penalty ($)	
1	50B (1)	60	1200	
2	50B (2) (b) (ii)	60	1200	
Part 1.2	Building (General) Regulation 2008

column 1
item	column 2
offence provision	column 3
offence penalty
(penalty units)	column 4
infringement penalty ($)	
1	49	10	1000	

Dictionary
(see s 4)
Note 1	The Legislation Act contains definitions and other provisions relevant to this regulation.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	construction occupations registrar
·	corporation
·	Corporations Act
·	individual.
Note 3	Terms used in this regulation have the same meaning that they have in the Magistrates Court Act 1930 (see Legislation Act, s 148).  For example, the following terms are defined in the Magistrates Court Act 1930, dict:
·	administering authority
·	authorised person
·	infringement notice
·	infringement notice offence
·	reminder notice.
building legislation means––
	(a)	the Building Act 2004; and
	(b)	the Building (General) Regulation 2008.

Endnotes
1	Notification
	Notified under the Legislation Act on 28 March 2008.
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2008