Australian Capital Territory
Magistrates Court (Litter Infringement Notices) Regulation 2004    
SL2004-50
made under the
Magistrates Court Act 1930
Republication No 7
Effective:  11 November 2014 – 9 June 2015
Republication date: 11 November 2014
Last amendment made by A2014‑50

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Magistrates Court (Litter Infringement Notices) Regulation 2004, made under the Magistrates Court Act 1930 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 11 November 2014.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 11 November 2014.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Magistrates Court (Litter Infringement Notices) Regulation 2004
made under the
Magistrates Court Act 1930
    
Contents
	Page
	1	Name of regulation	2
	3	Purpose of regulation	2
	4	Notes	2
	5	Meaning of Litter Act	2
	6	Administering authority	2
	7	Infringement notice offences	2
	8	Infringement notice penalties	3
	9	Contents of infringement notices—other information	3
	10	Contents of infringement notices—identifying person serving notice	3
	11	Contents of reminder notices—identifying person serving notice	4
	12	Service of notices by authorised people	4
Schedule 1	Litter Act infringement notice offences and penalties	5
Endnotes
	1	About the endnotes	7
	2	Abbreviation key	7
	3	Legislation history	8
	4	Amendment history	9
	5	Earlier republications	9

Australian Capital Territory
Magistrates Court (Litter Infringement Notices) Regulation 2004     

made under the
Magistrates Court Act 1930

    

  

1	Name of regulation
This regulation is the Magistrates Court (Litter Infringement Notices) Regulation 2004.
3	Purpose of regulation
The purpose of this regulation is to provide for infringement notices under the Magistrates Court Act 1930, part 3.8 for certain offences against the Litter Act.
Note	The Magistrates Court Act 1930, pt 3.8 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 this regulation is explanatory and is not part of this regulation.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5	Meaning of Litter Act
In this regulation:
Litter Act means the Litter Act 2004.
6	Administering authority
The administering authority for an infringement notice offence against the Litter Act is the director‑general for the Litter Act.
7	Infringement notice offences
The Magistrates Court Act 1930, part 3.8 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 section is additional to the requirement under the Magistrates Court Act 1930, s 121 (1) (c).
	(2)	In this section:
company means a company registered under the Corporations Act.
10	Contents of infringement notices—identifying person serving notice
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 by—
	(a)	for an authorised person who is a police officer—the police officer’s service number; or
	(b)	for an authorised person under the Litter Act, section 14 (Appointment of authorised people)—
	(i)	the authorised person’s full name, or surname and initials; or
	(ii)	any unique number given, for this regulation, to the authorised person by the administering authority.
11	Contents of reminder notices—identifying person serving notice
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 by—
	(a)	for an authorised person who is a police officer—the police officer’s service number; or
	(b)	for an authorised person under the Litter Act, section 14 (Appointment of authorised people)—
	(i)	the authorised person’s full name, or surname and initials; or
	(ii)	any unique number given, for this regulation, to the authorised person by the administering authority.
12	Service of notices by authorised people 
A police officer or an authorised person under the Litter Act, section 14 (Appointment of authorised people) 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 s 7 and s 8)

column 1
item	column 2
provision and, if relevant, case	column 3
offence penalty
(pu)	column 4
infringement penalty ($)	
1	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	·	if the litter is a cigarette, cigarette butt, match or other item that is lit or not fully extinguished	10	300	
1.3	•	any other litter	10	200	
2	8 (2)	10	200	
3	8 (3)	10	200	
4	9B	50	1 000	
5	10 (1)	50 	500	
6	10 (2)	50	1 000	
7	11 (1)	50	500	
8	11 (2)	50	500	
9	12 (2)	50	500	
10	13 (1)	10	100	
11	13 (3)	10	100	
12	24D (3)	10	60	
13	24E (1)	10	200	
14	24F (3)	10	20	
15	24N (1)	5	60	

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	or to be expired	
3	Legislation history
This regulation was originally the Magistrates Court (Litter Infringement Notices) Regulations 2004.  It was renamed under the Legislation Act 2001.
Magistrates Court (Litter Infringement Notices) Regulation 2004 SL2004-50
notified LR 23 September 2004
s 1, s 2 commenced 23 September 2004 (LA s 75 (1))
remainder commenced 30 September 2004 (s 2 and see Litter Act 2004 A2004-47, s 2 and CN2004-22)
as amended by
Magistrates Court (Litter Infringement Notices) Amendment Regulation 2005 (No 1) SL2005-9
notified LR 5 May 2005
s 1, s 2 commenced 5 May 2005 (LA s 75 (1))
remainder commenced 6 May 2005 (s 2)
Dangerous Substances and Litter (Dumping) Legislation Amendment Act 2009 A2009-1 pt 4
notified LR 17 February 2009
s 1, s 2 commenced 17 February 2009 (LA s 75 (1))
pt 4 commenced 17 August 2009 (s 2 and LA s 79)
Litter (Shopping Trolleys) Amendment Act 2010 A2010-34 s 6
notified LR 2 September 2010
s 1, s 2 commenced 2 September 2010 (LA s 75 (1))
s 6 commenced 2 March 2011 (s 2 and LA s 79)
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.104
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.104 commenced 1 July 2011 (s 2 (1))
Emergencies Amendment Act 2014 A2014-50 s 24
notified LR 10 November 2014
s 1, s 2 commenced 10 November 2014 (LA s 75 (1))
s 24 commenced 11 November 2014 (s 2)
4	Amendment history
Name of regulation
s 1	am R2 LA
Commencement
s 2	om LA s 89 (4)
Administering authority
s 6	am A2011‑22 amdt 1.318
Contents of infringement notices—identifying person serving notice
s 10	sub SL2005‑9 s 4
Contents of reminder notices—identifying person serving notice
s 11	sub SL2005‑9 s 4
Service of notices by authorised people
s 12	sub SL2005‑9 s 4
Litter Act infringement notice offences and penalties
sch 1	am A2009‑1 s 23; A2010‑34 s 6; A2014-50 s 24; items renum R7 LA
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R1
30 Sept 2004	30 Sept 2004–
1 Nov 2004	not amended	new regulation	
R2
2 Nov 2004	2 Nov 2004–
5 May 2005	not amended	editorial amendments under Legislation Act	
R3
6 May 2005	6 May 2005–
16 Aug 2009	SL2005‑9	amendments by SL2005‑9	
R4
17 Aug 2009	17 Aug 2009–
1 Mar 2011	A2009‑1	amendments by A2009‑1	
R5
2 Mar 2011	2 Mar 2011–
30 June 2011	A2010‑34	amendments by A2010‑34	
R6
1 July 2011	1 July 2011–
10 Nov 2014	A2011‑22	amendments by A2011‑22	

©  Australian Capital Territory 2014