MAGISTRATES COURT (BUILDING INFRINGEMENT NOTICES) REGULATION 2008 - made under the Magistrates Court Act 1930 - TABLE OF PROVISIONS 1. Name of regulation 3. Purpose of regulation 4. Dictionary 5. Notes 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 DICTIONARY ENDNOTES MAGISTRATES COURT (BUILDING INFRINGEMENT NOTICES) REGULATION 2008 - REG 1 Name of regulation This regulation is the Magistrates Court (Building Infringement Notices) Regulation 2008. MAGISTRATES COURT (BUILDING INFRINGEMENT NOTICES) REGULATION 2008 - 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 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. MAGISTRATES COURT (BUILDING INFRINGEMENT NOTICES) REGULATION 2008 - REG 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)). MAGISTRATES COURT (BUILDING INFRINGEMENT NOTICES) REGULATION 2008 - REG 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. MAGISTRATES COURT (BUILDING INFRINGEMENT NOTICES) REGULATION 2008 - REG 6 Administering authority The administering authority for an infringement notice offence against the building legislation is the construction occupations registrar. MAGISTRATES COURT (BUILDING INFRINGEMENT NOTICES) REGULATION 2008 - REG 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. MAGISTRATES COURT (BUILDING INFRINGEMENT NOTICES) REGULATION 2008 - REG 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. MAGISTRATES COURT (BUILDING INFRINGEMENT NOTICES) REGULATION 2008 - REG 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). MAGISTRATES COURT (BUILDING INFRINGEMENT NOTICES) REGULATION 2008 - 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 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. MAGISTRATES COURT (BUILDING INFRINGEMENT NOTICES) REGULATION 2008 - 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 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. MAGISTRATES COURT (BUILDING INFRINGEMENT NOTICES) REGULATION 2008 - REG 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. MAGISTRATES COURT (BUILDING INFRINGEMENT NOTICES) REGULATION 2008 - SCHEDULE 1 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 MAGISTRATES COURT (BUILDING INFRINGEMENT NOTICES) REGULATION 2008 - NOTES Dictionary 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: o construction occupations registrar o corporation o Corporations Act o 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: o administering authority o authorised person o infringement notice o infringement notice offence o reminder notice. building legislation means-- (a) the Building Act 2004; and (b) the Building (General) Regulation 2008. MAGISTRATES COURT (BUILDING INFRINGEMENT NOTICES) REGULATION 2008 - 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 am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly pt = part div = division r = rule/subrule 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 (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 Planning and Development Act 2007 A2007-24, s 2 and CN2008-1) 4 Amendment history Commencements 2 om R1 LA s 89 (4) (c) Australian Capital Territory 2008 MAGISTRATES COURT (BUILDING INFRINGEMENT NOTICES) REGULATION 2008 - NOTES Australian Capital Territory SL2008-10 Republication No 1 Effective: 31 March 2008 Republication date: 31 March 2008 Regulation not amendedUnauthorised 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 31 March 2008 . It also includes any commencement, repeal or expiry affecting the republished law. 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 amendments 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 (Building Infringement Notices) Regulation 2008 Endnotes Australian Capital Territory Magistrates Court (Building Infringement Notices) Regulation 2008