Magistrates Court (Construction Occupations Infringement Notices) Amendment Regulation 2005 (No 1) (ACT)

Magistrates Court (Construction Occupations Infringement Notices) Amendment Regulation 2005 (No 1)

Subordinate Law SL2005-12

The Australian Capital Territory Executive makes the following regulation under the Magistrates Court Act 1930.

Dated 27 June 2005.

Katy Gallagher

Minister

John Hargreaves

Minister

Magistrates Court (Construction Occupations Infringement Notices) Amendment Regulation 2005 (No 1)

Subordinate Law SL2005-12

made under the

Magistrates Court Act 1930

Contents

Page

1. Name of regulation  1

2. Commencement  1

3. Legislation amended  1

4. Sections 10 and 11  1

5. Schedule 1  2

1. Name of regulation

   This regulation is the Magistrates Court (Construction Occupations Infringement Notices) Amendment Regulation 2005 (No 1).

2. Commencement

   This regulation commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This regulation amends the Magistrates Court (Construction Occupations Infringement Notices) Regulation 2004.

4. Sections 10 and 11

   substitute

5. 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 construction occupations 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.

6. 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 construction occupations 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.

7. Authorised people for infringement notice offences

   (1)An inspector may serve—

   (a)an infringement notice for an infringement notice offence against the construction occupations legislation; and

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

   (2)In this section:

   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)an inspector under the Electricity Safety Act 1971; or

   (d)an inspector under the Gas Safety Act 2000; or

   (e)a technical inspector under the Utilities Act 2000; or

   (f)an inspector under the Water and Sewerage Act 2000.

   NoteDeputy registrars under the Construction Occupations (Licensing) Act 2004 may exercise the functions of the construction occupations registrar in relation to the construction occupation for which the deputy is appointed (see Construction Occupations (Licensing) Act 2004, s 106), including the function of serving infringement notices and reminder notices (see Magistrates Court Act 1930, s 134A (3)).

8. Schedule 1

   substitute

Schedule 1Construction occupations legislation infringement notice offences and penalties

(see s 7 and s 8)

column 1 item	column 2 offence provision	column 3 offence penalty (pu)	column 4 infringement penalty ($)
1	81	50	1 250
2	83	5	125
3	84	50	1 250

Endnotes

1. Notification

   Notified under the Legislation Act on 27 June 2005.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2005