Magistrates Court (Building Infringement Notices) Regulation 2008 (ACT)

Magistrates Court (Building Infringement Notices) Regulation 2008   

SL2008-10

made under the

Magistrates Court Act 1930

Republication No 6

Effective:  10 September 2024

Republication date: 10 September 2024

Last amendment made by SL2024‑26

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 10 September 2024.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 10 September 2024.

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 type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

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 includes amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

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 the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Magistrates Court (Building Infringement Notices) Regulation 2008

made under the

Magistrates Court Act 1930

Contents

Page

1            Name of regulation  2

3            Purpose of regulation  2

4            Dictionary  2

5            Notes  2

6            Administering authority  2

7           Infringement notice offences  3

8            Infringement notice penalties  3

9            Contents of infringement notices—other information  3

10          Contents of infringement notices—identifying authorised person            4

11          Contents of reminder notices—identifying authorised person                4

12          Authorised people for infringement notice offences  4

Schedule 1 Building legislation infringement notice offences and penalties   6

Part 1.1    Building Act 2004  6

Part 1.2    Building (General) Regulation 2008  7

Dictionary8

Endnotes

1            About the endnotes  9

2            Abbreviation key  9

3            Legislation history  10

4            Amendment history  11

5            Earlier republications  12

Magistrates Court (Building Infringement Notices) Regulation 2008

made under the

Magistrates Court Act 1930

1. Name of regulation

   This regulation is the Magistrates Court (Building Infringement Notices) Regulation 2008.

2. 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.

   NoteThe 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.

3. Dictionary

   The dictionary at the end of this regulation is part of this regulation.

   Note 1The dictionary at the end of this regulation defines certain terms used in this regulation.

   Note 2A 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)).

4. Notes

   A note included in this regulation is explanatory and is not part of this regulation.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

5. Administering authority

   The administering authority for an infringement notice offence against the building legislation is the construction occupations registrar.

6. 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.

7. 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.

8. 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.

   NoteThe requirement under this section is additional to the requirement under the Magistrates Court Act 1930, s 121 (1) (c).

9. 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.

10. 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.

11. Authorised people for infringement notice offences

    (1)An inspector may serve the following:

    (a)an infringement notice for an infringement notice offence against the building legislation;

    (b)a reminder notice for an infringement notice offence against the building legislation.

    NoteFor 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.

Schedule 1Building legislation infringement notice offences and penalties

(see s 7 and s 8)

Part 1.1Building Act 2004

column 1 item	column 2 offence provision	column 3 offence penalty (penalty units)	column 4 infringement penalty ($)
1	37A (6)	5	100
2	37B (4)	5	100
3	43 (3)	50	1 250
4	44 (2A)	50	1 250
5	44 (2B)	50	1 250
6	50B (1)	60	1 200
7	50B (2)	60	1 200
8	78 (2)	50	1 600
9	79 (5)	50	1 250
10	83I	20	280
11	83J	20	220
12	83M	20	220
13	83N	30	420
14	83O	30	420
15	83R (2)	30	360

Part 1.2Building (General) Regulation 2008

column 1 item	column 2 offence provision	column 3 offence penalty (penalty units)	column 4 infringement penalty ($)
1	49	10	1000

Dictionary

(see s 4)

Note 1The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     construction occupations registrar

·     corporation

·     Corporations Act

·     individual.

Note 3Terms 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:

·     administering authority

·     authorised person

·     infringement notice

·     infringement notice offence

·     reminder notice.

building legislation means––

(a)the Building Act 2004; and

(b)the Building (General) Regulation 2008.

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 are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   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

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. 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 Building Legislation Amendment Act 2007 A2007-26 s 2, Planning and Development Act 2007 A2007-24, s 2 and CN2008-1)

   as amended by

   Planning and Building Legislation Amendment Act 2011 (No 2) A2011‑54 pt 5

   notified LR 13 December 2011
   s 1, s 2 commenced 13 December 2011 (LA s 75 (1))
   pt 5 commenced 1 July 2012 (s 2 and CN2012-11)

   Statute Law Amendment Act 2015 A2015‑15 sch 3 pt 3.13

   notified LR 27 May 2015
   s 1, s 2 commenced 27 May 2015 (LA s 75 (1))

   sch 3 pt 3.13 commenced 10 June 2015 (s 2)

   Building (Swimming Pool Safety) Legislation Amendment Act 2023 A2023‑46 pt 7

   notified LR 15 November 2023
   s 1, s 2 commenced 15 November 2023 (LA s 75 (1))

   pt 7 commenced 1 May 2024 (s 2 (1))

   Magistrates Court (Building Infringement Notices) Amendment Regulation 2024 (No 1) SL2024‑2

   notified LR 29 February 2024
   s 1, s 2 commenced 29 February 2024 (LA s 75 (1))

   remainder commenced 1 March 2024 (s 2)

   Magistrates Court (Building Infringement Notices) Amendment Regulation 2024 (No 2) SL2024‑26

   notified LR 9 September 2024
   s 1, s 2 commenced 9 September 2024 (LA s 75 (1))

   remainder commenced 10 September 2024 (s 2)

2. Amendment history

   Commencement

   s 2om LA s 89 (4)

   Authorised people for infringement notice offences

   s 12am A2015‑15 amdt 3.68, amdt 3.69

   Building Act 2004

   sch 1 pt 1.1am A2011‑54 s 9; items renum R2 LA; A2015‑15 amdt 3.70, amdt 3.71

   sub SL2024‑2 s 4

   am A2023-46 s 32; items renum R5 LA; SL2024‑26 s 4; items renum R6 LA

1. Earlier republications

   Some earlier republications were not numbered.  The number in column 1 refers to the publication order.

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format.  These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 31 Mar 2008	31 Mar 2008– 30 June 2012	not amended	new regulation
R2 1 July 2012	1 July 2012– 9 June 2015	A2011-54	amendments by A2011-54
R3 10 June 2015	10 June 2015– 29 Feb 2024	A2015‑15	amendments by A2015‑15
R4 1 Mar 2024	1 Mar 2024– 30 Apr 2024	SL2024‑2	Amendments by SL2024‑2
R5 1 May 2024	1 May 2024– 9 Sept 2024	SL2024‑2	amendments by A2023-46