Statute Details
- Title: Community Disputes Resolution (Composition of Offences under Part 2A) Regulations 2025
- Act Code: CDRA2015-S187-2025
- Type: Subsidiary Legislation (SL)
- Enacting Act / Authorising Provision: Community Disputes Resolution Act 2015, section 13U
- Regulation Number: SL 187/2025
- Commencement: 24 March 2025
- Made on: 20 March 2025
- Key Provisions: Regulation 1 (Citation and commencement); Regulation 2 (Compoundable offences)
- Status: Current version as at 27 March 2026
What Is This Legislation About?
The Community Disputes Resolution (Composition of Offences under Part 2A) Regulations 2025 (“Composition Regulations”) is a short but practically significant set of rules made under the Community Disputes Resolution Act 2015 (“CDRA”). In plain terms, it identifies certain offences under Part 2A of the CDRA that can be dealt with by a process known as composition—a mechanism that allows eligible offences to be resolved administratively, without proceeding through the full criminal prosecution pathway.
Composition is designed to provide an efficient alternative to court proceedings for certain types of regulatory wrongdoing. Instead of charging and prosecuting every breach, the law permits the relevant authority to offer a composition outcome, typically involving the payment of a composition sum and the closure of the matter, subject to the conditions in the parent Act.
These Regulations are therefore not about creating new offences. Rather, they operate as a gateway: they specify which offences under the CDRA’s Part 2A are “compoundable” under the composition powers in section 13U of the CDRA. For practitioners, the key value of this instrument is that it clarifies when the composition route is available and who may exercise it.
What Are the Key Provisions?
Regulation 1 (Citation and commencement) sets the formal identity and effective date of the Regulations. It provides that the instrument may be cited as the “Community Disputes Resolution (Composition of Offences under Part 2A) Regulations 2025” and that it comes into operation on 24 March 2025. For legal practice, the commencement date matters because it determines whether the composition mechanism applies to alleged conduct occurring before or after that date, and it can affect timelines for enforcement and the availability of administrative resolution.
Regulation 2 (Compoundable offences) is the substantive provision. It states that an offence under specified sections of the CDRA—namely section 13K(4), 13L(5), 13N(1), 13O, 13P(1) or 13R(1) or (2)—may be compounded by the Director-General or a person authorised by the Director-General, in accordance with section 13U of the Act.
This drafting approach is important. The Regulations do not themselves describe the composition procedure (for example, how an offer is made, what the composition sum is, or what legal effect composition has). Instead, they select the offences that fall within the composition power. The procedural and legal consequences are governed by section 13U of the CDRA. Practitioners should therefore read Regulation 2 together with the parent Act’s composition framework to understand the full mechanics and the rights/limitations of the accused person.
From a compliance and enforcement perspective, Regulation 2 effectively tells stakeholders: if an alleged breach falls within one of the enumerated offence provisions under Part 2A, the matter may (not must) be compounded. The use of “may be compounded” indicates discretion. In practice, whether composition is offered may depend on factors such as the nature and seriousness of the breach, the offender’s conduct, whether there is repeat offending, and the authority’s enforcement policy—though those details are not contained in the Regulations themselves.
Finally, the provision clarifies the authorised decision-maker. Composition can be carried out not only by the Director-General personally but also by a person authorised by the Director-General. This matters for validity and process: where a composition offer or composition decision is made, counsel should check whether the officer who acted was properly authorised, because authorisation can be relevant in any later dispute about the legality of the composition outcome.
How Is This Legislation Structured?
The Composition Regulations are structured in a simple, two-regulation format:
(1) Regulation 1 deals with citation and commencement.
(2) Regulation 2 lists the offences under Part 2A of the CDRA that are compoundable and identifies who may compound them (the Director-General or an authorised person), referencing the composition power in section 13U of the CDRA.
There are no schedules, no detailed procedural steps, and no additional definitions in the extract provided. This is typical for subsidiary legislation that is meant to “activate” or “select” offences for a statutory mechanism already established in the parent Act.
Who Does This Legislation Apply To?
These Regulations apply to persons who are alleged to have committed offences under the specified provisions of the CDRA’s Part 2A. While the extract does not reproduce the underlying offence definitions, the cross-references to sections 13K(4), 13L(5), 13N(1), 13O, 13P(1), and 13R(1) and (2) indicate that the offences are within the CDRA’s regulatory scheme for community disputes resolution.
In terms of practical scope, the composition mechanism is relevant to potential defendants and their legal representatives. If the alleged conduct falls within one of the enumerated offence categories, the person may be eligible for an administrative resolution rather than prosecution. The Regulations also affect enforcement authorities by defining which offences they can resolve through composition and by confirming that the Director-General (or authorised delegate) is the proper decision-maker.
Why Is This Legislation Important?
Although the Composition Regulations are brief, they have meaningful consequences for how disputes and regulatory breaches are handled. For practitioners, the availability of composition can significantly change strategy. Composition may offer a faster resolution, reduce litigation costs, and avoid the uncertainty and reputational impact of criminal proceedings. Conversely, it may also involve acceptance of liability or payment of a sum that can be treated as a final resolution of the matter—so counsel must carefully assess the legal effect under section 13U of the CDRA.
From an enforcement perspective, the Regulations support administrative efficiency. By enabling composition for selected offences, the law allows the authority to manage caseloads and focus prosecutorial resources on more serious or contested matters. This is consistent with a broader regulatory trend: not every breach should necessarily result in court action, especially where the offence is technical, where evidence is straightforward, or where deterrence and compliance can be achieved through administrative penalties.
For compliance officers and legal advisers, the enumerated list in Regulation 2 is a practical checklist. It helps determine whether an internal incident could fall within a compoundable offence category. This can inform early legal triage—such as whether to engage counsel immediately, whether to gather mitigating information, and whether to prepare for a potential composition offer.
Finally, the authorisation element is a point of legal hygiene. Because composition may be carried out by the Director-General or an authorised person, practitioners should be alert to the identity and authority of the officer handling the matter. Where procedural fairness or statutory compliance is in issue, the question of whether the decision-maker was properly authorised can be relevant.
Related Legislation
- Community Disputes Resolution Act 2015 (including section 13U on composition powers and the Part 2A offence provisions referenced in Regulation 2)
Source Documents
This article provides an overview of the Community Disputes Resolution (Composition of Offences under Part 2A) Regulations 2025 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.