Australian Capital Territory

Magistrates Court (Occupational Health and Safety Infringement Notices) Regulations 2004
Subordinate Law SL2004-32

The Australian Capital Territory Executive makes the following regulations under the Magistrates Court Act 1930.
Dated 3 August 2004.
Jon Stanhope
Minister
Ted Quinlan
Minister

Australian Capital Territory

Magistrates Court (Occupational Health and Safety Infringement Notices) Regulations 2004
Subordinate Law SL2004-32
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 occupational health and safety legislation	1
	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
	13	Magistrates Court (Dangerous Substances Infringement Notices) Regulations 2004, regulations 10 (a) and 11 (a)	4
Schedule 1	Occupational health and safety legislation infringement notice offences and penalties	5
Part 1.1	Occupational Health and Safety Act 1989	5
Part 1.2	Occupational Health and Safety Regulations 1991	7
Part 1.3	Occupational Health and Safety (Certification of Plant Users and Operators) Regulations 2000	7

1	Name of regulations
These regulations are the Magistrates Court (Occupational Health and Safety Infringement Notices) Regulations 2004.
2	Commencement
These regulations commence on the commencement of the Occupational Health and Safety Amendment Act 2004, schedule 2.
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 provide for infringement notices under the Magistrates Court Act 1930, part 8 for certain offences against the occupational health and safety legislation.
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 occupational health and safety legislation
In these regulations:
occupational health and safety legislation means—
	(a)	the Occupational Health and Safety Act 1989; and
	(b)	the Occupational Health and Safety Regulations 1991; and
	(c)	the Occupational Health and Safety (Certification of Plant Users and Operators) Regulations 2000.
6	Administering authority
The administering authority for an infringement notice offence against the occupational health and safety legislation is the OH&S commissioner.
7	Infringement notice offences
The Magistrates Court Act 1930, part 8 applies to an offence against a provision of the occupational health and safety legislation mentioned in schedule 1, column 2.
8	Infringement notice penalties
	(1)	The penalty payable by an individual for an offence against the occupational health and safety legislation, 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 occupational health and safety legislation, 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 occupational health and safety legislation 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 occupational health and safety legislation must include 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 occupational health and safety legislation must identify the authorised person by—
	(a)	the authorised person’s full name, or surname and initials; or
	(b)	any unique number given, for these regulations, to the authorised person by the administering authority.
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 occupational health and safety legislation must identify the authorised person by—
	(a)	the authorised person’s full name, or surname and initials; or
	(b)	any unique number given, for these regulations, to the authorised person by the administering authority.
12	Authorised people for infringement notice offences
An inspector under the Occupational Health and Safety Act 1989, section 201 may serve—
	(a)	an infringement notice for an infringement notice offence against the occupational health and safety legislation; and
	(b)	a reminder notice for an infringement notice offence against the occupational health and safety legislation.
Note	The Occupational Health and Safety Act 1989, section 201 provides that the commissioner, and public servants appointed under section 201 (2)) are inspectors for the Act.
13	Magistrates Court (Dangerous Substances Infringement Notices) Regulations 2004, regulations 10 (a) and 11 (a)
omit
; and
substitute
; or

Schedule 1	Occupational health and safety legislation infringement notice offences and penalties
(see reg 7 and reg 8)
Part 1.1	Occupational Health and Safety Act 1989

column 1
item	column 2
offence provision	column 3
offence penalty
(penalty unit)	column 4
infringement 
penalty ($)	
1	47 (1)	100	1 000	
2	53 (2)	10	100	
3	54 (7)	1	100	
4	56 (7)	1	100	
5	57 (6)	1	100	
6	58 (2)	1	100	
7	61 (1)	50	200	
8	61 (2)	50	200	
9	61 (3)	10	100	
10	67 (8)	1	100	
11	67 (9)	10	100	
12	68 (2)	10	100	
13	69	100	400	
14	75 (3)	10	200	
15	75 (4)	10	200	
16	75 (6)	5	100	
17	75 (7)	5	100	
18	87 (1)	10	100	
19	87 (4)	10	100	
20	103 (3)	10	200	
21	104 (4)	5	100	
22	143 (2)	20	400	
23	143 (3)	20	400	
24	144 (1)	20	400	
25	150 (2)	20	400	
26	150 (3)	20	400	
27	151 (1)	20	400	
28	153 (1)	100	400	
29	159 (2)	20	100	
30	159 (3)	20	400	
31	160 (1)	20	400	
32	165 (1)	200	400	
33	202 (3)	1	20	
34	205 (2)	10	100	
Part 1.2	Occupational Health and Safety Regulations 1991

column 1
item	column 2
offence provision	column 3
offence penalty
(penalty unit)	column 4
infringement
penalty ($)	
1	10 (2)	10	200	

Part 1.3	Occupational Health and Safety (Certification of Plant Users and Operators) Regulations 2000

column 1
item	column 2
offence provision	column 3
offence penalty
(penalty unit)	column 4
infringement
penalty ($)	
1	12 (3)	5	100	
2	17 (2)	5	100	
3	18 (1)	5	100	
4	21 (3)	5	100	
5	25 (1)	10	200	
6	27 (9)	5	100	
7	33	5	100	
8	34 (3)	5	100	

Endnotes
1	Notification
	Notified under the Legislation Act on 4 August 2004.
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2004