Australian Capital Territory
Magistrates Court (Litter Infringement Notices) Regulations 2004
Subordinate Law SL2004-50

The Australian Capital Territory Executive makes the following regulations under the Magistrates Court Act 1930.
Dated 20 September 2004.
Bill Wood
Minister
Jon Stanhope
Minister

Australian Capital Territory
Magistrates Court (Litter Infringement Notices) Regulations 2004
Subordinate Law SL2004-50
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 Litter 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	Service of notices by authorised people	4
Schedule 1	Litter Act infringement notice offences and penalties	5

1	Name of regulations
These regulations are the Magistrates Court (Litter Infringement Notices) Regulations 2004.
2	Commencement
These regulations commence on the commencement of the Litter Act 2004.
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 Litter Act.
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 Litter Act
In these regulations:
Litter Act means the Litter Act 2004.
6	Administering authority
The administering authority for an infringement notice offence against the Litter Act is the chief executive for the Litter Act.
7	Infringement notice offences
The Magistrates Court Act 1930, part 8 applies to an offence against a provision of the Litter Act mentioned in schedule 1, column 2.
8	Infringement notice penalties
	(1)	The penalty payable by an individual for an offence against the Litter 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 Litter 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 Litter 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 Litter Act 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 Litter Act must identify the authorised person—
	(a)	by—
	(i)	the authorised person’s full name, or surname and initials; and
	(ii)	the position held by the authorised person as it appears on the authorised person’s identity card; or
	(b)	by 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 Litter Act must identify the authorised person—
	(a)	by—
	(i)	the authorised person’s full name, or surname and initials; and
	(ii)		the position held by the authorised person as it appears on the authorised person’s identity card; or
	(b)	by any unique number given, for these regulations, to the authorised person by the administering authority.
12	Service of notices by authorised people 
An authorised person under the Litter Act, section 14 may serve—
	(a)	an infringement notice for an infringement notice offence against the Litter Act; and
	(b)	a reminder notice for an infringement notice offence against the Litter Act.

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

column 1
item	column 2
provision and, if relevant, case	column 3
offence penalty
(pu)	column 4
infringement penalty ($)	
1	section 8 (1)			
1.1	•	if the litter is a ticket, voucher or receipt, a confectionary wrapper, cigarette (unlit or extinguished), cigarette packet or a similarly small item	10	60	
1.2	•	any other litter	10	200	
2	section 8 (2)	10	200	
3	section 8 (3)	10	200	
5	section 10 (1)	50 	500	
6	section 10 (2)	50	1 000	
7	section 11 (1)	50	500	
8	section 11 (2)	50	500	
9	section 12 (2)	50	500	
10	section 13 (1)	10	100	
11	section 13 (3)	10	100	

Endnotes
1	Notification
	Notified under the Legislation Act on 23 September 2004.
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2004