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 ($10,676). 
  • 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.

 

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