Magistrates Court (Construction Occupations Infringement Notices) Regulation 2004 (ACT)

Magistrates Court (Construction Occupations Infringement Notices) Regulation 2004   

SL2004-38

made under the

Magistrates Court Act 1930

Republication No 4

Effective:  10 June 2015

Republication date: 10 June 2015

Last amendment made by A2015‑15

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Magistrates Court (Construction Occupations Infringement Notices) Regulation 2004, 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 June 2015.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 10 June 2015. 

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 does not include 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 $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).

Magistrates Court (Construction Occupations Infringement Notices) Regulation 2004

made under the

Magistrates Court Act 1930

Contents

Page

1            Name of regulation  2

3            Purpose of regulation  2

4            Notes  2

5            Meaning of construction occupations legislation  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 Construction occupations legislation infringement notice offences and penalties  6

Endnotes

1            About the endnotes  7

2            Abbreviation key  7

3            Legislation history  8

4            Amendment history  9

5            Earlier republications  10

Magistrates Court (Construction Occupations Infringement Notices) Regulation 2004

made under the

Magistrates Court Act 1930

1. Name of regulation

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

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 construction occupations 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. 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.

4. Meaning of construction occupations legislation

   In this regulation:

   construction occupations legislation means the Construction Occupations (Licensing) Act 2004.

5. Administering authority

   The administering authority for an infringement notice offence against the construction occupations 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 construction occupations legislation mentioned in schedule 1, column 2.

7. Infringement notice penalties

   (1)The penalty payable by an individual for an offence against the construction occupations 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 construction occupations 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 construction occupations 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 construction occupations 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 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.

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 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.

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 construction occupations legislation;

    (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)).

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. 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

   This regulation was originally the Magistrates Court (Construction Occupations Infringement Notices) Regulations 2004.  It was renamed under the Legislation Act 2001.

   Magistrates Court (Construction Occupations Infringement Notices) Regulation 2004 SL2004-38

   notified LR 31 August 2004
   s 1, s 2 commenced 31 August 2004 (LA s 75 (1))
   remainder commenced 1 September 2004 (s 2 and see Construction Occupations (Licensing) Act 2004 A2004-12, s 2 and CN2004-8)

   as amended by

   Magistrates Court (Construction Occupations Infringement Notices) Amendment Regulation 2005 (No 1) SL2005-12

   notified LR 27 June 2005
   s 1, s 2 commenced 27 June 2005 (LA s 75 (1))
   remainder commenced 28 June 2005 (s 2)

   Statute Law Amendment Act 2015 A2015‑15 sch 3 pt 3.15

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

   sch 3 pt 3.15 commenced 10 June 2015 (s 2)

2. Amendment history

   Name of regulation

   s 1am R2 LA

   Commencement

   s 2om LA s 89 (4)

   Contents of infringement notices—identifying authorised person

   s 10sub SL2005‑12 s 4

   Contents of reminder notices—identifying authorised person

   s 11sub SL2005‑12 s 4

   Authorised people for infringement notice offences

   s 12ins SL2005‑12 s 4

   am A2015‑15 amdt 3.74, amdt 3.75

   Construction occupations legislation infringement notice offences and penalties

   sch 1sub SL2005‑12 s 5

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 1 Sept 2004	1 Sept 2004– 31 Oct 2004	not amended	new regulation
R2 1 Nov 2004	1 Nov 2004– 27 June 2005	not amended	editorial amendments under Legislation Act
R3 28 June 2005	28 June 2005– 9 June 2015	SL2005‑12	amendments by SL2005‑12

©  Australian Capital Territory 2015