Australian Capital Territory
Magistrates Court (Work Safety Infringement Notices) Regulation 2009 (repealed)    
SL2009-47
made under the
Magistrates Court Act 1930
Republication No 3
Effective:  1 January 2012
Republication date: 1 January 2012
As repealed by A2011-55 s 4 (1)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Magistrates Court (Work Safety Infringement Notices) Regulation 2009 (repealed), made under the Magistrates Court Act 1930, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 January 2012.  
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 does not include 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 $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Magistrates Court (Work Safety Infringement Notices) Regulation 2009 (repealed)
made under the
Magistrates Court Act 1930
    
Contents
	Page
	1	Name of regulation	2
	3	Dictionary	2
	4	Notes	2
	5	Purpose of regulation	2
	6	Administering authority	3
	7	Infringement notice offences	3
	8	Infringement notice penalties	3
	9	Contents of infringement notices—other information	3
	10	Contents of infringement notices—identifying authorised person	4
	11	Contents of reminder notice—identifying authorised person	4
	12	Authorised people for infringement notice offences	4
Schedule 1	Work safety legislation infringement notice offences and penalties	5
Part 1.1	Work Safety Act 2008	5
Part 1.2	Work Safety Regulation 2009	6
Dictionary		9
Endnotes
	1	About the endnotes	10
	2	Abbreviation key	10
	3	Legislation history	11
	4	Amendment history	11
	5	Earlier republications	12

Australian Capital Territory
Magistrates Court (Work Safety Infringement Notices) Regulation 2009 (repealed)     

made under the
Magistrates Court Act 1930

    

  

1	Name of regulation
This regulation is the Magistrates Court (Work Safety Infringement Notices) Regulation 2009.
3	Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1	The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.
	For example, the signpost definition ‘inspector—see the Work Safety Act 2008, dictionary.’ means that the term ‘inspector’ is defined in that dictionary and the definition applies to this regulation.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
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	Purpose of regulation
The purpose of this regulation is to create a system of infringement notices under the Magistrates Court Act 1930, part 3.8 for certain offences against the work safety legislation.
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.
6	Administering authority
The administering authority for an infringement notice offence against the work safety legislation is the director‑general for the Work Safety Act 2008.
7	Infringement notice offences
The Magistrates Court Act 1930, part 3.8 applies to an offence against a provision of the work safety legislation mentioned in schedule 1, column 2.
8	Infringement notice penalties
	(1)	The penalty payable by an individual for an offence against the work 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 work 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 work 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 work safety legislation 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 authorised person
An infringement notice served on a person by an authorised person for an infringement notice offence against the work safety legislation must identify the authorised person by—
	(a)	the authorised person’s full name, or surname and initials; or
	(b)	the authorised person’s identity card number.
11	Contents of reminder notice—identifying authorised person
A reminder notice served on a person by an authorised person for an infringement notice offence against the work safety legislation must identify the authorised person by—
	(a)	the authorised person’s full name, or surname and initials; or
	(b)	the authorised person’s identity card number.
12	Authorised people for infringement notice offences
An inspector may serve—
	(a)	an infringement notice for an infringement notice offence against the work safety legislation; and
	(b)	a reminder notice for an infringement notice offence against the work safety legislation.

Schedule 1	Work safety legislation infringement notice offences and penalties
(see s 7 and s 8)
Part 1.1	Work Safety Act 2008

column 1
item	column 2
offence provision	column 3
offence penalty
(penalty units)	column 4
infringement penalty
($)	
1	39 (1) 	10	200	
2	70 (1)	10	200	
3	70 (2)	5	100	
4	70 (3)	5	100	
5	88 (4)	10	200	
6	89 (5)	10	200	
7	128 (2)	20	400	
8	128 (3)	20	400	
9	135 (2)	20	400	
10	135 (3)	20	400	
11	144 (2)	20	400	
12	144 (3)	20	400	
13	181 (2)	10	200	

Part 1.2	Work Safety Regulation 2009

column 1
item	column 2
offence provision	column 3
offence penalty
(penalty units)	column 4
infringement penalty
($)	
1	8 (2)	10	200	
2	12 (1)	10	200	
3	13 (2)	10	200	
4	14 (2)	10	200	
5	17 (2)	20	400	
6	17 (3)	20	400	
7	18 (2)	20	400	
8	20 (1)	20	400	
9	42 (3)	20	400	
10	68 (3)	30	600	
11	68 (4)	30	600	
12	69 (2)	20	400	
13	69 (3)	20	400	
14	72 (2)	30	600	
15	72 (4)	30	600	
16	72 (5)	30	600	
17	78 (1)	30	600	
18	78 (2)	30	600	
19	78 (3)	30	600	
20	92 (4)	30	600	
21	92 (5)	30	600	
22	92 (6)	30	600	
23	92 (7)	30	600	
24	101 (2)	30	600	
25	101 (3)	30	600	
26	102 (1)	20	400	
27	102 (2)	20	400	
28	102 (3)	20	400	
29	102 (4)	20	400	
30	102 (5)	20	400	
31	102 (6)	20	400	
32	102 (7)	20	400	
33	103 (2)	30	600	
34	103 (3)	30	600	
35	107 (4)	20	400	
36	108 (2)	20	400	
37	112 (2)	20	400	
38	113 (3)	20	400	
39	115 (2)	20	400	
40	117 (2)	30	600	
41	117 (4)	30	600	
42	120 (1)	20	400	
43	121 (1)	30	600	
44	125 (1)	10	200	
45	132 (3)	5	100	
46	133 (6)	5	100	
47	141 (1)	5	100	
48	143 (3)	5	100	
49	143 (4)	10	200	
50	144 (1)	5	100	
51	163 (1)	5	100	
52	163 (2)	5	100	
53	163 (3)	5	100	
54	164 (2)	5	100	
55	165 (1)	5	100	
56	167 (1)	20	400	
57	168 (1)	20	400	
58	169 (1)	20	400	
59	179 (1)	5	100	
60	183 (1)	5	100	
61	184 (1)	5	100	
62	184 (2)	5	100	

Dictionary
(see s 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to this regulation.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	corporation
·	Corporations Act
·	individual
Note 3	Terms used in this regulation have the same meaning that they have in the Magistrates Court Act 1930 (see Legislation Act, s 148).  For example, the following terms are defined in the Magistrates Court Act 1930, dict:
·	administering authority
·	authorised person
·	infringement notice
·	infringement notice offence
·	reminder notice.
inspector––see the Work Safety Act 2008, dictionary.
work safety legislation means—
	(a)	the Work Safety Act 2008; and
	(b)	the Work Safety Regulation 2009.

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 are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.
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
Magistrates Court (Work Safety Infringement Notices) Regulation 2009 SL2009-47
notified LR 30 September 2009 
s 1, s 2 commenced 30 September 2009 (LA s 75 (1))
remainder commenced 1 October 2009 (s 2 and see Work Safety Act 2008 A2008-51, s 2 (1) (b) and CN2009-11)
as amended by
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.112
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.112 commenced 1 July 2011 (s 2 (1))
as repealed by
Work Health and Safety (Consequential Amendments) Act 2011 A2011 55 s 4
notified LR 14 December 2011
s 1, s 2 commenced 14 December 2011 (LA s 75 (1))
s 4 commenced 1 January 2012 (s 2 and see Work Health and Safety Act 2011 A2011-35, s 2 and CN2011-12)
4	Amendment history
Commencement
s 2	om LA s 89 (4)
Administering authority
s 6	am A2011-22 amdt 1.330

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
1 Oct 2009	1 Oct 2009–30 June 2011	not amended	new regulation	
R2
1 July 2011	1 July 2011–
31 Dec 2011	A2011-22	amendments by A2011-22	

©  Australian Capital Territory 2012