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How penalty units work, the current penalty unit value, and when the Board can issue an infringement notice.
The penalty amount to be paid for most Tasmanian offences is expressed in penalty units, under the Penalty Units and Other Penalties Act 1987.
The value of a penalty unit is adjusted every year based on movements in the consumer price index in the previous year. It is published in the Gazette before 1 June each year for the following financial year, whether or not the value increases.
Penalty unit value for 2026–2027: $213.00
Under certain provisions of the Property Agents and Land Transactions Act 2016 and the Property Agents and Land Transactions Regulations 2017, a penalty can be imposed for a breach of that provision.
For example, a breach of Section 36 (Management of real estate agency business), subsection (1), carries a fine not exceeding 50 penalty units. At the current value of $213.00, that is a fine not exceeding $10,650.00. To enforce a penalty of this kind, the Board must initiate legal proceedings.
In addition, the Act provides for infringement offences. The Board may serve and issue an infringement notice on a person or body corporate if it reasonably believes that an infringement offence has been committed.
An agency 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.
A property is advertised in a suburb different to the one named on the title — that is, the agent represents the property in a way the agent knows is false or misleading. The infringement penalty is 50 penalty units ($10,650) for an individual, or 100 penalty units ($21,300) for a body corporate.
A person is advertised on an agency website and on realestate.com.au as a property representative, and is showing properties they have listed for sale. The individual had passed the Property Representative examination and applied for a licence, but the licence had not been granted at the time of the advertisement. The possible infringement amounts are $21,300 for the body corporate under S38(1), and $2,130 for the individual under each of S38(3) and S38(4).
The Board’s registers show a person is a licensed property representative, but their licence is not connected to a real estate agency business, and the agency is advertising them as an employee. The infringement penalty is $2,130 for the individual and $4,260 for the body corporate.
A monthly trust account reconciliation is not endorsed with a statement that the record is complete and accurate, or is not signed. The infringement amount is $1,065 for the individual and $2,130 for the body corporate.
A real estate agent does not provide written notice to the Board within 7 days of opening a trust account. The infringement amount is $1,065 for the individual and $2,130 for the body corporate.
A real estate agent does not have executed written agency agreements (listing authorities) for all property listings, as prescribed under Section 44 of the Act. The current infringement amount under Section 44(6) for a body corporate is $2,130.
The full tables of penalty units and infringement amounts for the Act and the Regulations.