Landlord and Tenant (Rental Bonds) Act 1977 Landlord and Tenant (Rental Bonds) Amendment (Penalty Notices) Regulation 1999 (2000-67) [GG No 29 of 25.2.2000, p 1375] (now see 2000-85 of 3.3.2000, p 1559) (NSW)

No judgment structure available for this case.

2000 No 67

Landlord and Tenant (Rental Bonds)

New South Wales

Amendment (Penalty Notices)

Regulation 1999

under the

Landlord and Tenant (Rental Bonds) Act 1977

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Landlord and Tenant (Rental Bonds) Act 1977.

JOHN WATKINS, M.P., Minister for Fair Trading

Explanatory note
The objects of this Regulation are to prescribe certain offences under the Landlord and Tenant (Rental Bonds) Act 1977 as penalty notice offences and to prescribe short descriptions for those offences.

This Regulation is made under the Landlord and Tenant (Rental Bonds) Act 1977, including section 15A (Penalty notices) and section 34 (the general regulation-making power).

Published in Gazette No 29 of 25 February 2000, page 1375	Page 1
[4]
2000 No 67
Clause 1	Landlord and Tenant (Rental Bonds) Amendment (Penalty Notices) Regulation 1999

Landlord and Tenant (Rental Bonds) Amendment
(Penalty Notices) Regulation 1999

1 Name of Regulation
This Regulation is the Landlord and Tenant (Rental Bonds)
Amendment (Penalty Notices) Regulation 1999.

2 Amendment of Landlord and Tenant (Rental Bonds) Regulation 1993
The Landlord and Tenant (Rental Bonds) Regulation 1993 is amended as set out in Schedule 1.

3 Notes

The explanatory note does not form part of this Regulation.

2000 No 67

Landlord and Tenant (Rental Bonds) Amendment (Penalty Notices)

Regulation 1999

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 2)

[1] Clauses 10A and 10B
Insert after clause 10:

10A Penalty notice offences
For the purposes of section 15A of the Act:

(a)

each offence arising under a provision specified in Column 1 of Schedule 1 is prescribed as a penalty notice offence, and

(b)

the prescribed penalty for such an offence is the amount specified in relation to the offence in Column 4 of Schedule 1.

10B Short description of offences

(1)

For the purposes of section 145B of the Justices Act 1902, the prescribed expression for an offence arising under a provision specified in Column 1 of Schedule 1 consists of the IPB Code set out in relation to the offence in Column 2, together with:

(a)

the text set out in relation to the offence in Column 3 of that Schedule, or

(b)

if a choice of words is indicated in that text, the words remaining after the omission of the words irrelevant to the offence.

(2)

For the purposes of any proceedings for an offence arising under a provision specified in Column 1 of Schedule 1, the prescribed expression is taken to relate to the offence arising under the provision, as the provision was in force when the offence is alleged to have been committed.

(3)

The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which the expression is used, and any such document continues to

2000 No 67

Landlord and Tenant (Rental Bonds) Amendment (Penalty Notices)
Regulation 1999

Schedule 1

Amendments

have effect as if that expression had not been amended or
repealed.
(4) Subclause (3) applies to any information, complaint, summons, warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to have been committed before the amendment or repeal.
(5) In this clause:
Infringement Processing Bureau means the Infringement
Processing Bureau within the Police Service.
IPB Code, in relation to an offence, means the code
allocated to the offence by the Infringement Processing
Bureau.

[2] Schedule 1
Insert after clause 11:
Schedule 1 Penalty notice offences and short
descriptions

(Clauses 10A and 10B)

Column 1 Column 2 Column 3 Column 4
Offence IPB Code Prescribed expression Penalty
under the Act
Section 8 (2) 7504 PAE fail to deposit bond within $550
required time
Section 12 (1) 7505 PAF fail to give receipt for bond $220
Section 12 (2) 7506 PAG fail to include required $110
particulars in receipt for
bond

BY AUTHORITY

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Citations

Landlord and Tenant (Rental Bonds) Act 1977 - Landlord and Tenant (Rental Bonds) Amendment (Penalty Notices) Regulation 1999 (2000-67) [GG No 29 of 25.2.2000, p 1375] (now see 2000-85 of 3.3.2000, p 1559) (NSW)

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(a)	each offence arising under a provision specified in Column 1 of Schedule 1 is prescribed as a penalty notice offence, and
(b)	the prescribed penalty for such an offence is the amount specified in relation to the offence in Column 4 of Schedule 1.

(a)	the text set out in relation to the offence in Column 3 of that Schedule, or
(b)	if a choice of words is indicated in that text, the words remaining after the omission of the words irrelevant to the offence.
(2)	For the purposes of any proceedings for an offence arising under a provision specified in Column 1 of Schedule 1, the prescribed expression is taken to relate to the offence arising under the provision, as the provision was in force when the offence is alleged to have been committed.
(3)	The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which the expression is used, and any such document continues to

Column 1	Column 2	Column 3	Column 4
Offence	IPB Code	Prescribed expression	Penalty
under the Act
Section 8 (2)	7504 PAE	fail to deposit bond within	$550
required time
Section 12 (1)	7505 PAF	fail to give receipt for bond	$220
Section 12 (2)	7506 PAG	fail to include required	$110
particulars in receipt for bond