Penalties and prosecutions
The facts about penalties and prosecutions under the RTRA Act
The following is a guide for property owners/managers in relation to the prosecution of summary offences and the use of Penalty Infringement Notices (PIN) by the RTA.
- There are a substantial number of offences created by the Residential Tenancies and Rooming Accommodation Act 2008 (RTRA Act).
- Offences under the RTRA Act constitute a criminal offence and are prosecuted in the Magistrates Court (not QCAT).
- When the RTA substantiates that a breach of the RTRA Act has occurred, it can:
- educate an offender on their obligations under the RTRA Act,
- issue a caution,
- issue a Penalty Infringement Notice (PIN), or
- list the matter for prosecution in court.
- Offences can carry penalties of up to 80 penalty units for an individual ($10,444).
- The maximum penalties for a corporation are five times that of an individual.
- The amount of the fixed fee for a PIN is a fraction of the maximum penalty applicable in the event that the matter is prosecuted through the Magistrates Court.