Australian Capital Territory

Magistrates Court (Land Planning and Environment Infringement Notices) Regulations 2003
Subordinate Law SL2003-27

The Australian Capital Territory Executive makes the following regulations under the Magistrates Court Act 1930.
Dated 25 August 2003.
Simon Corbell
Minister
Jon Stanhope
Minister

Australian Capital Territory

Magistrates Court (Land Planning and Environment Infringement Notices) Regulations 2003
Subordinate Law SL2003-27
made under the
Magistrates Court Act 1930

    
Contents
	Page
	1	Name of regulations	1
	2	Commencement	1
	3	Purpose of regulations	1
	4	Notes	1
	5	Meaning of Land Act	2
	6	Administering authority	2
	7	Infringement notice offences	2
	8	Infringement notice penalties	2
	9	Contents of infringement notices—other information	2
	10	Contents of infringement notices—identifying authorised person	3
	11	Contents of reminder notices—identifying authorised person	3
	12	Authorised people for infringement notice offences	3
Schedule 1	Land Act infringement notice offences and penalties	4

1	Name of regulations
These regulations are the Magistrates Court (Land Planning and Environment Infringement Notices) Regulations 2003.
2	Commencement
These regulations commence on the commencement of the Land (Planning and Environment) (Compliance) Amendment Act 2003, section 8.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Purpose of regulations
The purpose of these regulations is to create a system of infringement notices under the Magistrates Court Act 1930, part 8 for certain offences against the Land (Planning and Environment) Act 1991.
Note	The Magistrates Court Act 1930, pt 8 provides a system of infringement notices for offences against various Acts.  The infringement notice system is intended to provide an alternative to prosecution.
4	Notes
A note included in these regulations is explanatory and is not part of these regulations.
Note	See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5	Meaning of Land Act
In these regulations:
Land Act means the Land (Planning and Environment) Act 1991.
6	Administering authority
The administering authority for an infringement notice offence against the Land Act is the planning and land authority.
7	Infringement notice offences
The Magistrates Court Act 1930, part 8 applies to an offence against a provision of the Land Act mentioned in schedule 1, column 2.
8	Infringement notice penalties
	(1)	The penalty payable by an individual for an offence against the Land Act, under an infringement notice for the offence, is the amount mentioned in schedule 1, column 4 for the offence.
	(2)	The penalty payable by a corporation for an offence against the Land Act, under an infringement notice for the offence, is 5 times the amount mentioned in schedule 1, column 4 for the offence.
	(3)	The cost of serving a reminder notice for an infringement notice offence against the Land Act is $34.
9	Contents of infringement notices—other information
	(1)	An infringement notice served on a company by an authorised person for an infringement notice offence against the Land Act must include, as part of the company’s name, the company’s ACN.
Note	The requirement under this regulation is additional to the requirement under the Magistrates Court Act 1930, s 121 (1) (c).
	(2)	In this regulation:
company means a company registered under the Corporations Act.
10	Contents of infringement notices—identifying authorised person
An infringement notice served on a person by an authorised person for an infringement notice offence against the Land Act must identify the authorised person by—
	(a)	the authorised person’s full name, or surname and initials; and
	(b)	the date of issue of the authorised person’s identity card; and
	(c)	the date of expiry of the authorised person’s identity card.
11	Contents of reminder notices—identifying authorised person
A reminder notice served on a person by an authorised person for an infringement notice offence against the Land Act must identify the authorised person by—
	(a)	the authorised person’s full name, or surname and initials; and
	(b)	the date of issue of the authorised person’s identity card; and
	(c)	the date of expiry of the authorised person’s identity card.
12	Authorised people for infringement notice offences
An inspector under the Land Act, section 263 may serve—
	(a)	an infringement notice for an infringement notice offence against that Act; and
	(b)	a reminder notice for an infringement notice offence against that Act.

Schedule 1	Land Act infringement notice offences and penalties 
(see reg 7 and reg 8)

column 1
item	column 2
offence provision and, if relevant, case	column 3
offence penalty
(penalty units)	column 4
infringement penalty
($)	
1	section 225 (1)	50	1 000	
2	section 258 (1)			
2.1	·	for a contravention mentioned in schedule 5, item 2	50	1 000	
2.2	·	for a contravention mentioned in schedule 5, item 4	50	1 000	
2.3	·	s for a contravention mentioned in schedule 5, item 5	50	1 000	
2.4	·	for a contravention mentioned in schedule 5, item 6	50	1 000	
2.5	·	for a contravention mentioned in schedule 5, item 9	5	100	
2.6	·	for a contravention mentioned in schedule 5, item 10	100	2 000	
2.7	·	for a contravention mentioned in schedule 5, item 11	50	1 000	
2.8	·	for a contravention mentioned in schedule 5, item 12	20	500	
2.9	·	for a contravention mentioned in schedule 5, item 13	50	1 000	
3	section 259B (1)	50	1 000	
4	section 260A (1)	50	1 000	
5	section 260A (2)	50	1 000	

Endnotes
Penalty units
1	The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Notification
2	Notified under the Legislation Act on 25 August 2003.
	(see www.legislation.act.gov.au)

© Australian Capital Territory 2003