Landlord and Tenant (Rental Bonds) Amendment (Penalty Notices) Act 1998 (NSW)
New South Wales
Landlord and Tenant (Rental Bonds)
Amendment (Penalty Notices) Act
1998 No 57
Contents
Page
1 Name of Act 2 2 Commencement 2 3 Amendment of Landlord and Tenant (Rental Bonds) Act 1977 No 44 2 4 Consequential amendment of Fines Act 1996 No 99 2 Schedules
1 Amendment of Landlord and Tenant (Rental Bonds)
Act 1977 3
2 Consequential amendment of Fines Act 1996 5
New South Wales
Landlord and Tenant (Rental Bonds)
Amendment (Penalty Notices) Act1998 No 57
Act No 57, 1998
An Act to amend the Landlord and Tenant (Rental Bonds) Act 1977 in relation to the issuing of penalty notices for offences; and to make a consequential amendment to the Fines Act 1996. [Assented to 30 June 1998]
| Section 1 | Landlord and Tenant (Rental Bonds) Amendment (Penalty Notices) Act 1998 No 57 |
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Landlord and Tenant (Rental Bonds) Amendment
(Penalty Notices) Act 1998.
2 Commencement
This Act commences on the date of assent.
Amendment of Landlord and Tenant (Rental Bonds) Act 1977
No 44
The Landlord and Tenant (Rental Bonds) Act 1977 is amended as set out in Schedule 1.
4 Consequential amendment of Fines Act 1996 No 99
The Fines Act 1996 is amended as set out in Schedule 2.
Landlord and Tenant (Rental Bonds) Amendment (Penalty Notices) Act 1998 No 57
Amendment of Landlord and Tenant (Rental Bonds) Act 1977 Schedule 1 Schedule 1 Amendment of Landlord and Tenant
(Rental Bonds) Act 1977
(Section 3)
Section 15A
Insert after section 15:
15A Penalty notices
An authorised officer may serve a penalty notice on a person if:
(a) it appears to the officer that the person has committed an offence against this Act or the
regulations, and(b) the regulations prescribe the offence as being one for which a penalty notice may be issued. A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court. the person may pay, within the time and to the person specified in the notice, the penalty prescribed by the regulations for the offence if dealt with under this section.
A penalty notice may be served personally or by post.
If the mount of the penalty prescribed for an alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence.
prejudice, any civil claim. action or proceeding arising Payment under this section is not an admission of liability for the purposes of, and does not affect or out of the same occurrence.
The regulations may:
(a) prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and
Landlord and Tenant (Rental Bonds) Amendment (Penalty Notices) Act 1998 No 57
| Schedule 1 | Amendment of Landlord and Tenant (Rental Bonds) Act 1977 |
(b) prescribe the amount of penalty for an offence if dealt with under this section, and (c) prescribe different amounts of penalty for different offences or classes of offences. The amount of penalty prescribed under this section for an offence may not exceed the maximum amount of penalty that could be imposed for the offence by a court.
This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.
person authorised in writing by the Director-General as Director-General of the Department of Fair Trading, or a In this section, authorised officer means the an authorised officer for the purposes of this section.
Landlord and Tenant (Rental Bonds) Amendment (Penalty Notices) Act 1998 No 57
Consequential amendment of Fines Act 1996 Schedule 2 Schedule 2 Consequential amendment of Fines
Act 1996
(Section 4)
Schedule 1 Statutory provisions under which penalty notices issued
Insert in alphabetical order:
Landlord and Tenant (Rental Bonds) Act 1977, section
15A
[Minister’s second reading speech made in—
Legislative Assembly on 29 April 1998
Legislative Council on 3 June 1998]
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