Residential Tenancy Amendment Regulations 2011
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Residential Tenancy Act 1997 .
2 May 2011PETER G. UNDERWOOD
Governor
By His Excellency's Command,
NICK McKIM
Minister for Corrections and Consumer Protection
These regulations may be cited as the Residential Tenancy Amendment Regulations 2011 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations, the Residential Tenancy Regulations 2005 are referred to as the Principal Regulations.
4. Regulation 5 inserted
After regulation 4 of the Principal Regulations , the following regulation is inserted:5. Infringement notice offences and penalties
(1) In this regulation –infringement offence means an offence under the Act that is specified in this regulation to be an offence for which an infringement notice may be issued.(2) The Commissioner may issue and serve an infringement notice on a person if he or she reasonably believes that the person has committed an infringement offence.(3) An infringement notice may not be served on an individual who has not attained the age of 16 years.(4) An infringement notice –(a) is to be in accordance with section 14 of the Monetary Penalties Enforcement Act 2005 ; and(b) is not to relate to more than 3 offences.(5) In the application of the Monetary Penalties Enforcement Act 2005 to an infringement notice issued and served under this regulation –(a) the issuer and server of the infringement notice is taken to be a public sector body within the meaning of that Act; and(b) a penalty payable under subregulation (7) in respect of an infringement offence is taken to be the prescribed penalty applicable to that offence for the purposes of section 14(a)(ii) of that Act.(6) An offence under a provision of the Act specified in column 2 of Schedule 2 is an offence in respect of which an infringement notice may be issued.(7) The penalty specified in column 3 of Schedule 2 in respect of an offence in column 2 of that Schedule is the penalty payable under an infringement notice issued in respect of that offence.
5. Schedule 2 inserted
After Schedule 1 to the Principal Regulations , the following Schedule is inserted:SCHEDULE 2 - Infringement Notice Offences and Penalties
Item
Section of Act
Penalty
(penalty units)
1.
17(1)
10
2.
17(2)(a)
10
3.
17(2)(b)
10
4.
17(2)(c)
10
5.
17(2)(d)
10
6.
17(2)(e)
10
7.
24(1)
10
8.
25(3)
10
9.
25(4)(a)
10
10.
25(4)(b)
10
11.
25(4)(c)
10
12.
29F(8)
10
13.
37(2)
10
14.
55(2)
10
15.
56(1)
10
16.
58
10
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 11 May 2011
These regulations are administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations amend the Residential Tenancy Regulations 2005 by –(a) providing for the issuing and serving of infringement notices; and(b) specifying the offences under the Residential Tenancy Act 1997 in respect of which infringement notices may be issued; and(c) specifying the penalties payable in respect of those infringement notice offences.