Australian Consumer Law and Fair Trading (Infringements) Regulations 2018 (Vic)
Version No. 001
Australian Consumer Law and Fair Trading (Infringements) Regulations 2018
S.R. No. 98/2018
Version as at
1 August 2018
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Definition
5Infringement offences and infringement penalties
Schedule 1—Infringement offences and infringement penalties
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 001
Australian Consumer Law and Fair Trading (Infringements) Regulations 2018
S.R. No. 98/2018
Version as at
1 August 2018
1Objective
The objective of these Regulations is to prescribe infringement offences and corresponding infringement penalties for the purposes of the Australian Consumer Law and Fair Trading Act 2012.
2Authorising provision
These Regulations are made under section 232 of the Australian Consumer Law and Fair Trading Act 2012.
3Commencement
These Regulations come into operation on 1 August 2018.
4Definition
In these Regulations—
the Actmeans the Australian Consumer Law and Fair Trading Act 2012.
5Infringement offences and infringement penalties
(1)For the purposes of section 219(1) of the Act, an offence specified in column 2 of the table in Schedule 1 is prescribed as an infringement offence.
(2)For the purposes of section 219(2) of the Act, the prescribed infringement penalty for an infringement offence is the penalty specified in column 3 of the table in Schedule 1 in respect of that infringement offence.
Schedule 1—Infringement offences and infringement penalties
Regulation 5
| Column 1 Item | Column 2 Infringement offence | Column 3 Infringement penalty |
| 1 | An offence against section 151(1)(a) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 2 | An offence against section 151(1)(b) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 3 | An offence against section 151(1)(c) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 4 | An offence against section 151(1)(d) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 5 | An offence against section 151(1)(e) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 6 | An offence against section 151(1)(f)(i) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 7 | An offence against section 151(1)(f)(ii) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 8 | An offence against section 151(1)(g) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 9 | An offence against section 151(1)(h) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 10 | An offence against section 151(1)(i) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 11 | An offence against section 151(1)(j) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 12 | An offence against section 151(1)(k) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 13 | An offence against section 151(1)(l) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 14 | An offence against section 151(1)(m) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 15 | An offence against section 151(1)(n) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 16 | An offence against section 152(1)(a) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 17 | An offence against section 152(1)(b) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 18 | An offence against section 152(1)(c) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 19 | An offence against section 152(1)(d) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 20 | An offence against section 152(1)(e) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 21 | An offence against section 152(1)(f) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 22 | An offence against section 152(1)(g) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 23 | An offence against section 153(1)(a) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 24 | An offence against section 153(1)(b) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 25 | An offence against section 154(2) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 26 | An offence against section 155(1) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 27 | An offence against section 156(1) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 28 | An offence against section 157(1) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 29 | An offence against section 157(2) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 30 | An offence against section 158(7) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 31 | An offence against section 159(1) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 32 | An offence against section 159(2) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 33 | An offence against section 161(1) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 34 | An offence against section 161(3) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 35 | An offence against section 161(4) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 36 | An offence against section 162(1) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 37 | An offence against section 162(2) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 38 | An offence against section 162(3) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 39 | An offence against section 163(1) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 40 | An offence against section 163(2) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 41 | An offence against section 164(1) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 42 | An offence against section 164(2) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 43 | An offence against section 165(1) of the Australian Consumer Law (Victoria) | $150 for a natural person $600 for a body corporate |
| 44 | An offence against section 166(1) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 45 | An offence against section 167(1) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 46 | An offence against section 169(1) of the Australian Consumer Law (Victoria) | $500 for a natural person $3000 for a body corporate |
| 47 | An offence against section 170(1)(a) of the Australian Consumer Law (Victoria) | $500 for a natural person $3000 for a body corporate |
| 48 | An offence against section 170(1)(b) of the Australian Consumer Law (Victoria) | $500 for a natural person $3000 for a body corporate |
| 49 | An offence against section 170(1)(c) of the Australian Consumer Law (Victoria) | $500 for a natural person $3000 for a body corporate |
| 50 | An offence against section 171(1) of the Australian Consumer Law (Victoria) | $500 for a natural person $3000 for a body corporate |
| 51 | An offence against section 172(1) of the Australian Consumer Law (Victoria) | $500 for a natural person $3000 for a body corporate |
| 52 | An offence against section 172(2) of the Australian Consumer Law (Victoria) | $500 for a natural person $3000 for a body corporate |
| 53 | An offence against section 173(1)(a) of the Australian Consumer Law (Victoria) | $500 for a natural person $3000 for a body corporate |
| 54 | An offence against section 173(1)(b) of the Australian Consumer Law (Victoria) | $500 for a natural person $3000 for a body corporate |
| 55 | An offence against section 173(1)(c) of the Australian Consumer Law (Victoria) | $500 for a natural person $3000 for a body corporate |
| 56 | An offence against section 173(1)(d) of the Australian Consumer Law (Victoria) | $500 for a natural person $3000 for a body corporate |
| 57 | An offence against section 174(1) of the Australian Consumer Law (Victoria) | $500 for a natural person $3000 for a body corporate |
| 58 | An offence against section 174(2) of the Australian Consumer Law (Victoria) | $500 for a natural person $3000 for a body corporate |
| 59 | An offence against section 175(1) of the Australian Consumer Law (Victoria) | $500 for a natural person $3000 for a body corporate |
| 60 | An offence against section 176(1) of the Australian Consumer Law (Victoria) | $500 for a natural person $3000 for a body corporate |
| 61 | An offence against section 177(1) of the Australian Consumer Law (Victoria) | $500 for a natural person $3000 for a body corporate |
| 62 | An offence against section 178(1) of the Australian Consumer Law (Victoria) | $500 for a natural person $3000 for a body corporate |
| 63 | An offence against section 179(1) of the Australian Consumer Law (Victoria) | $500 for a natural person $3000 for a body corporate |
| 64 | An offence against section 180(1) of the Australian Consumer Law (Victoria) | $500 for a natural person $3000 for a body corporate |
| 65 | An offence against section 181(1) of the Australian Consumer Law (Victoria) | $500 for a natural person $3000 for a body corporate |
| 66 | An offence against section 181(2) of the Australian Consumer Law (Victoria) | $500 for a natural person $3000 for a body corporate |
| 67 | An offence against section 182(1) of the Australian Consumer Law (Victoria) | $500 for a natural person $3000 for a body corporate |
| 68 | An offence against section 182(2) of the Australian Consumer Law (Victoria) | $500 for a natural person $3000 for a body corporate |
| 69 | An offence against section 183(1) of the Australian Consumer Law (Victoria) | $500 for a natural person $3000 for a body corporate |
| 70 | An offence against section 188(1)(a) of the Australian Consumer Law (Victoria) | $300 for a natural person $1800 for a body corporate |
| 71 | An offence against section 188(1)(b) of the Australian Consumer Law (Victoria) | $300 for a natural person $1800 for a body corporate |
| 72 | An offence against section 189(1) of the Australian Consumer Law (Victoria) | $300 for a natural person $1800 for a body corporate |
| 73 | An offence against section 189(3) of the Australian Consumer Law (Victoria) | $300 for a natural person $1800 for a body corporate |
| 74 | An offence against section 191(1) of the Australian Consumer Law (Victoria) | $300 for a natural person $1800 for a body corporate |
| 75 | An offence against section 192(1)(a) of the Australian Consumer Law (Victoria) | $500 for a natural person $3000 for a body corporate |
| 76 | An offence against section 192(1)(b) of the Australian Consumer Law (Victoria) | $500 for a natural person $3000 for a body corporate |
| 77 | An offence against section 193(1) of the Australian Consumer Law (Victoria) | $500 for a natural person $3000 for a body corporate |
| 78 | An offence against section 194(1) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 79 | An offence against section 194(2) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 80 | An offence against section 194(3) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 81 | An offence against section 194(5) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 82 | An offence against section 195(1) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 83 | An offence against section 195(2) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 84 | An offence against section 196(1) of the Australian Consumer Law (Victoria) | $150 for a natural person $600 for a body corporate |
| 85 | An offence against section 197(1) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 86 | An offence against section 197(2) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 87 | An offence against section 197(3) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 88 | An offence against section 197(5) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 89 | An offence against section 198(1) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 90 | An offence against section 198(2) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 91 | An offence against section 199(1) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 92 | An offence against section 199(2) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 93 | An offence against section 200(1) of the Australian Consumer Law (Victoria) | $150 for a natural person $600 for a body corporate |
| 94 | An offence against section 201(1) of the Australian Consumer Law (Victoria) | $150 for a natural person $600 for a body corporate |
| 95 | An offence against section 201(2) of the Australian Consumer Law (Victoria) | $150 for a natural person $600 for a body corporate |
| 96 | An offence against section 202(1) of the Australian Consumer Law (Victoria) | $150 for a natural person $600 for a body corporate |
| 97 | An offence against section 203(1) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 98 | An offence against section 203(2) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 99 | An offence against section 203(3) of the Australian Consumer Law (Victoria) | $750 for a natural person $5000 for a body corporate |
| 100 | An offence against section 205(1) of the Australian Consumer Law (Victoria) | $150 for a natural person $600 for a body corporate |
| 101 | An offence against section 206(1)(a) of the Australian Consumer Law (Victoria) | $150 for a natural person $600 for a body corporate |
| 102 | An offence against section 206(1)(b) of the Australian Consumer Law (Victoria) | $150 for a natural person $600 for a body corporate |
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Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Australian Consumer Law and Fair Trading (Infringements) Regulations 2018, S.R. No. 98/2018 were made on 10 July 2018 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council under section 232 of the Australian Consumer Law and Fair Trading Act 2012, No. 21/2012 and came into operation on 1 August 2018: regulation 3.
The Australian Consumer Law and Fair Trading (Infringements) Regulations 2018, S.R. No. 98/2018 will sunset 10 years after the day of making on 10 July 2028 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Australian Consumer Law and Fair Trading (Infringements) Regulations 2018 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
4 Explanatory details
No entries at date of publication.
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