Australian Capital Territory
Magistrates Court (Building Infringement Notices) Regulation 2008    
SL2008-10
made under the
Magistrates Court Act 1930
Republication No 2
Effective:  1 July 2012 – 9 June 2015
Republication date: 1 July 2012
Last amendment made by A2011‑54

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Magistrates Court (Building Infringement Notices) Regulation 2008, 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 1 July 2012.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2012.  
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 includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.
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 the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Magistrates Court (Building Infringement Notices) Regulation 2008
made under the
Magistrates Court Act 1930
    
Contents
	Page
	1	Name of regulation	2
	3	Purpose of regulation	2
	4	Dictionary	2
	5	Notes	2
	6	Administering authority	2
	7	Infringement notice offences	3
	8	Infringement notice penalties	3
	9	Contents of infringement notices—other information	3
	10	Contents of infringement notices—identifying authorised person	4
	11	Contents of reminder notices—identifying authorised person	4
	12	Authorised people for infringement notice offences	4
Schedule 1	Building legislation infringement notice offences and penalties	6
Part 1.1	Building Act 2004	6
Part 1.2	Building (General) Regulation 2008	6
Dictionary		7
Endnotes
	1	About the endnotes	8
	2	Abbreviation key	8
	3	Legislation history	9
	4	Amendment history	9
	5	Earlier republications	10

Australian Capital Territory
Magistrates Court (Building Infringement Notices) Regulation 2008     

made under the
Magistrates Court Act 1930

    

  

  
1	Name of regulation
This regulation is the Magistrates Court (Building Infringement Notices) Regulation 2008.
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	37A (6)	5	100	
2	37B (5)	5	100	
3	50B (1)	60	1200	
4	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	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 are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.
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

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	or to be expired	

3	Legislation history
Magistrates Court (Building Infringement Notices) Regulation 2008 SL2008-10
notified LR 28 March 2008
s 1, s 2 commenced 28 March 2008 (LA s 75 (1))
remainder commenced 31 March 2008 (s 2 and see Building Legislation Amendment Act 2007 A2007-26 s 2, Planning and Development Act 2007 A2007-24, s 2 and CN2008-1)
as amended by
Planning and Building Legislation Amendment Act 2011 (No 2) A2011‑54 pt 5
notified LR 13 December 2011
s 1, s 2 commenced 13 December 2011 (LA s 75 (1))
pt 5 commenced 1 July 2012 (s 2 and CN2012-11)
4	Amendment history
Commencement
s 2	om LA s 89 (4)
Building Act 2004
sch 1 pt 1.1	am A2011‑54 s 9; items renum R2 LA

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.  Electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R1
31 Mar 2008	31 Mar 2008–
30 June 2012	not amended	new regulation	

©  Australian Capital Territory 2012