Penalty Units and Other Penalties Act 1987
The penalty amount to be paid for most Tasmanian offences is expressed in penalty units.
A penalty unit value is adjusted every year based on consumer price index (CPI) movements in the previous year.
The penalty unit value is published in the Gazette before 1 June each year for the next financial year, whether or not the value is to be increased.
For more information, read the Penalty Units and Other Penalties Act 1987.
A penalty unit value is adjusted every year based on consumer price index (CPI) movements in the previous year.
The penalty unit value is published in the Gazette before 1 June each year for the next financial year, whether or not the value is to be increased.
For more information, read the Penalty Units and Other Penalties Act 1987.
Penalty Unit value 2023-2024
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$195.00
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Under certain provisions of the Property Agents and Land Transactions Act 2016 (the Act) and Property Agents and Land Transactions Regulations 2017 (the Regulations) a penalty can be imposed for a breach of that particular provision.
For example:
A breach of Section 36 Management of real estate agency business, subsection (1) is:
Penalty:
Fine not exceeding 50 penalty units.
The value of a penalty unit is currently $195.00, therefore the penalty for this breach is a fine not exceeding $9,750.00. To enforce this type of penalty the Board would be required to initiate legal proceedings.
However, in addition to this type of penalty the Act also provides for an infringement offence.
That is, the Board may serve and issue an infringement notice on a person (or body corporate) if the Board reasonably believes that the person or body corporate has committed an infringement offence.
Examples
A real estate agency business advertises a property for sale in the real estate guide and the authorised place of business is not included in the advertisement. The infringement penalty could be 5 penalty units for an individual or 10 penalty units for a body corporate (company).
A property advertised in a suburb different to that named on the title. That is, the property agent is representing the property in a way that the agent knows is false or misleading. The infringement penalty for an individual is 50 penalty units ($9,750) or 100 penalty units for a body corporate ($19,500).
A person was advertised on the agency and realestate.com.au websites as a “property representative” and is showing the properties that the individual has listed for sale. However, whilst that individual had successfully passed the Property Representative examination and applied for a licence, the licence wasn’t granted at the time of the advertisement.
The possible Infringements amounts are:
The Board’s Registers show that a person is a licensed property representative, however her licence is not connected to a real estate agency business. The agency is advertising her as an employee. The infringement penalty that applies is $1,950 for the individual and the body corporate is $3,900.
A monthly trust account reconciliation not being endorsed with a statement that the record is complete and accurate or signed. The infringement amount is $975 for the individual and the body corporate is $1,950.
A real estate agent not providing written notice to the Board within 7 days of opening a trust account. The infringement amount is $975 for the individual and for the body corporate is $1,950.
A real estate agent not having executed written agency agreements (listing authorities) for all of the property listings as is prescribed under Section 44 of the Act. The current infringement amount for Section 44(6) for a body corporate is $1,950.
For example:
A breach of Section 36 Management of real estate agency business, subsection (1) is:
Penalty:
Fine not exceeding 50 penalty units.
The value of a penalty unit is currently $195.00, therefore the penalty for this breach is a fine not exceeding $9,750.00. To enforce this type of penalty the Board would be required to initiate legal proceedings.
However, in addition to this type of penalty the Act also provides for an infringement offence.
That is, the Board may serve and issue an infringement notice on a person (or body corporate) if the Board reasonably believes that the person or body corporate has committed an infringement offence.
Examples
A real estate agency business advertises a property for sale in the real estate guide and the authorised place of business is not included in the advertisement. The infringement penalty could be 5 penalty units for an individual or 10 penalty units for a body corporate (company).
A property advertised in a suburb different to that named on the title. That is, the property agent is representing the property in a way that the agent knows is false or misleading. The infringement penalty for an individual is 50 penalty units ($9,750) or 100 penalty units for a body corporate ($19,500).
A person was advertised on the agency and realestate.com.au websites as a “property representative” and is showing the properties that the individual has listed for sale. However, whilst that individual had successfully passed the Property Representative examination and applied for a licence, the licence wasn’t granted at the time of the advertisement.
The possible Infringements amounts are:
- S38(1) for a body corporate, penalty $19,500;
- S38(3) for the individual penalty is $1,950 and
- S38(4) for the individual penalty is $1,950.
The Board’s Registers show that a person is a licensed property representative, however her licence is not connected to a real estate agency business. The agency is advertising her as an employee. The infringement penalty that applies is $1,950 for the individual and the body corporate is $3,900.
A monthly trust account reconciliation not being endorsed with a statement that the record is complete and accurate or signed. The infringement amount is $975 for the individual and the body corporate is $1,950.
A real estate agent not providing written notice to the Board within 7 days of opening a trust account. The infringement amount is $975 for the individual and for the body corporate is $1,950.
A real estate agent not having executed written agency agreements (listing authorities) for all of the property listings as is prescribed under Section 44 of the Act. The current infringement amount for Section 44(6) for a body corporate is $1,950.