MAGISTRATES COURT (AGENTS INFRINGEMENT NOTICES) REGULATION 2003 - made under the Magistrates Court Act 1930 - TABLE OF PROVISIONS 1. Name of regulation 3. Purpose of regulation 4. Notes 5. Meaning of Agents Act 6. Administering authority 7. Infringement notice offences 8. Infringement notice penalties 9. Contents of infringement notices--other information 10. Contents of infringement notices--identifying authorised person 11. Contents of reminder notices--identifying authorised person 12. Authorised people for infringement notice offences SCHEDULE 1 ENDNOTES MAGISTRATES COURT (AGENTS INFRINGEMENT NOTICES) REGULATION 2003 - REG 1 Name of regulation This regulation is the Magistrates Court (Agents Infringement Notices) Regulation 2003. MAGISTRATES COURT (AGENTS INFRINGEMENT NOTICES) REGULATION 2003 - REG 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 Agents Act. 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. MAGISTRATES COURT (AGENTS INFRINGEMENT NOTICES) REGULATION 2003 - REG 4 Notes A note included in this regulation is explanatory and is not part of this regulation. Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. MAGISTRATES COURT (AGENTS INFRINGEMENT NOTICES) REGULATION 2003 - REG 5 Meaning of Agents Act In this regulation: "Agents Act" means the Agents Act 2003. MAGISTRATES COURT (AGENTS INFRINGEMENT NOTICES) REGULATION 2003 - REG 6 Administering authority The administering authority for an infringement notice offence against the Agents Act is the commissioner for fair trading. MAGISTRATES COURT (AGENTS INFRINGEMENT NOTICES) REGULATION 2003 - REG 7 Infringement notice offences The Magistrates Court Act 1930, part 3.8 applies to an offence against a provision of the Agents Act mentioned in schedule 1, column 2. MAGISTRATES COURT (AGENTS INFRINGEMENT NOTICES) REGULATION 2003 - REG 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. MAGISTRATES COURT (AGENTS INFRINGEMENT NOTICES) REGULATION 2003 - REG 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 section is additional to the requirement under the Magistrates Court Act 1930, s 121 (1) (c). (2) In this section: "company" means a company registered under the Corporations Act. MAGISTRATES COURT (AGENTS INFRINGEMENT NOTICES) REGULATION 2003 - REG 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 for this regulation; or (b) the authorised person's full name, or surname and initials. MAGISTRATES COURT (AGENTS INFRINGEMENT NOTICES) REGULATION 2003 - REG 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 for this regulation; or (b) the authorised person's full name, or surname and initials. MAGISTRATES COURT (AGENTS INFRINGEMENT NOTICES) REGULATION 2003 - REG 12 Authorised people for infringement notice offences An investigator under the Fair Trading (Australian Consumer Law) Act 1992, section 36 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. MAGISTRATES COURT (AGENTS INFRINGEMENT NOTICES) REGULATION 2003 - SCHEDULE 1 Schedule 1 Agents Act infringement notice offences and penalties (see s 7 and s 8) column 1 item column 2provision column 3 offence penalty (penalty units) column 4infringement penalty ($) 1 18 (1) (b) (i) 100 1000 2 19 (1) (b) (i) 100 1000 3 20 (1) (b) (i) 100 1000 4 21 (1) (b) (i) 100 1000 5 22 (1) (b) (i) 100 1000 6 69 (1) 100 500 7 69 (2) 100 500 8 70 (1) 100 500 9 70 (2) 100 500 10 74 50 500 11 75 (2) 50 500 12 77 (1) 100 1000 13 106 100 500 14 107 (2) 100 500 15 107 (3) 100 500 16 108 100 1000 17 110 100 1000 18 115 (2) 50 500 19 124 (4) 20 100 20 127 (1) 50 500 21 127 (3) 50 500 22 127 (5) 30 300 23 128 50 500 24 133 (1) 200 2000 25 133 (2) 200 2000 26 133 (3) 200 2000 27 134 100 1000 28 202 30 150 MAGISTRATES COURT (AGENTS INFRINGEMENT NOTICES) REGULATION 2003 - NOTES Endnotes 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 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 This regulation was originally the Magistrates Court (Agents Infringement Notices) Regulations 2003. It was renamed under the Legislation Act 2001. Magistrates Court (Agents Infringement Notices) Regulation 2003 SL2003-39 notified LR 31 October 2003 s 1, s 2 commenced 31 October 2003 (LA s 75 (1)) remainder commenced 1 November 2003 (s 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)) Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.41 notified LR 2 September 2004s 1, s 2 commenced 2 September 2004 (LA s 75 (1)) sch 1 pt 1.41 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29) Fair Trading (Australian Consumer Law) Amendment Act 2010A2010-54 sch 3 pt 3.17 notified LR 16 December 2010 s 1, s 2 commenced 16 December 2010 (LA s 75 (1)) sch 3 pt 3.17 commenced 1 January 2011 (s 2 (1)) 4 Amendment history Name of regulations 1 am R3 LA Commencements 2 om LA s 89 (4) Purpose of regulations 3 am A2004-60 amdt 1.414, amdt 1.415 Infringement notice offencess 7 am A2004-60 amdt 1.416 Contents of infringement notices--identifying authorised persons 10 am A2004-42 amdt 3.81 Contents of reminder notices--identifying authorised persons 11 am A2004-42 amdt 3.81 Authorised people for infringement notice offencess 12 am A2010-54 amdt 3.45 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 R11 Nov 2003 1 Nov 2003-24 Aug 2004 not amended new regulation R225 Aug 2004 25 Aug 2004-2 Nov 2004 A2004-42 amendments by A2004-42 R33 Nov 2004 3 Nov 2004-9 Jan 2005 A2004-60 editorial amendments under Legislation Act R410 Jan 2005 10 Jan 2005-31 Dec 2010 A2004-60 amendments by A2004-60 (c) Australian Capital Territory 2011 MAGISTRATES COURT (AGENTS INFRINGEMENT NOTICES) REGULATION 2003 - NOTES Australian Capital Territory SL2003-39 Republication No 5 Effective: 1 January 2011 Republication date: 1 January 2011 Last amendment made by A2010-54Unauthorised 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) Regulation 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 1 January 2011 . It also includes any commencement, amendment, repeal or expiry affecting the republished law to 1 January 2011 . 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): o authorised republications to which the Legislation Act 2001 applies o 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 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 (Agents Infringement Notices) Regulation 2003 Endnotes Australian Capital Territory Magistrates Court (Agents Infringement Notices) Regulation 2003