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MAGISTRATES COURT (SALE OF RESIDENTIAL PROPERTY INFRINGEMENT NOTICES) REGULATIONS 2004 (NO 24 OF 2004)
2004
THE LEGISLATIVE
ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
MAGISTRATES COURT (SALE OF
RESIDENTIAL PROPERTY INFRINGEMENT NOTICES) REGULATIONS
2004
Subordinate Law No SL
2004-24
EXPLANATORY
STATEMENT
Circulated by authority of the
Attorney
General
Jon Stanhope MLA
Part 8 of the Magistrates Court Act 1930 provides for the issue of
infringement notices for offences listed in regulations. The Magistrates Court
(Sale of Residential Property Infringement Notices) Regulations 2003 (the
regulations) enable infringement notices to be issued for certain offences in
the Civil Law (Sale of Residential Property) Act 2003.
The
Civil Law (Sale of Residential Property) Act 2003 establishes a new
process for the making and exchange of contracts for the sale of residential
property and introduces new rules for public auctions of residential property in
the ACT. The new conveyancing scheme is designed to reduce significantly the
incidence of the unethical practice of gazumping and provide increased levels of
consumer protection for both buyers and sellers of residential property. The new
public auction rules are designed to increase transparency in the auction
process and limit opportunities for dummy bidding to occur.
The ability
to issue infringement notices for offences against the Civil Law (Sale of
Residential Property) Act 2003 will encourage compliance with the
legislation and will allow for immediate action to be taken against people who
are breaching the law. This initiative should provide greater protection for
the ACT community.
Regulations 1 and 2 – Name of regulations and
commencement
Regulations 1 and 2 are formal requirements of all
regulations, specifying the title of the regulations and the commencement
date.
This regulation explains that the purpose of the regulations is to provide
for infringement notices to be issued for certain offences against the Civil
Law (Sale of Residential Property Act 2003.
This regulation explains that a note in the regulations is explanatory and is
not part of the regulations.
Regulation 5 – Administering
authority
Regulation 6 – Infringement notice offences
Regulation 7 – Infringement notice penalties
This regulation
provides that the penalty payable by an individual issued with an infringement
notice is the amount listed in Schedule 1, column 4 for that offence.
Sub-regulation (2) provides that the penalty for a corporation is five times the
amount listed in Schedule 1, column 4. The regulation also establishes the fee
for serving a reminder notice at $34.
Regulation 8 – Contents of
infringement notices – other information
This regulation requires
that where an infringement notice is served on a company, the notice must
include the company’s ACN.
Regulation 9 - Contents of
infringement notices – identifying authorised person
This
regulation requires that where an authorised person issues an infringement
notice, the notice must identify the authorised person by full name or surname
and initials, and by any unique number issued to the authorised person by the
commissioner for fair trading.
Regulation 10 – Contents of
reminder notices – identifying authorised persons
This regulation
requires that where an authorised person issues a reminder notice, the notice
must identify the authorised person by full name or surname and initials, and by
any unique number issued to the authorised person by the commissioner for fair
trading.
Regulation 11 – Authorised people for infringement
notice offences
This regulation provides that an infringement notice and
a reminder notice may be issued by an investigator appointed under section 9 of
the Fair Trading (Consumer Affairs) Act 1973.
Schedule 1
– Civil Law (Sale of Residential Property) Act infringement notice
offences and penalties
The schedule sets out the offence provisions of
the Civil Law (Sale of Residential Property) Act 2003 for which an
infringement notice can be issued and the corresponding penalty amount that
applies to each offence.