Australian Capital Territory
Magistrates Court (Land Planning and Environment Infringement Notices) Regulations 2003     No 27
made under the
Magistrates Court Act 1930
Republication No 1
Effective:  1 September 2003 – 2 November 2004
Republication date: 1 September 2003
Regulations not amended

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Magistrates Court (Land Planning and Environment Infringement Notices) Regulations 2003, 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 the republished law up to 1 September 2003.  
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 amendments
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 or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
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 Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Magistrates Court (Land Planning and Environment Infringement Notices) Regulations 2003
made under the
Magistrates Court Act 1930
Contents
	Page
	1	Name of regulations	2
	3	Purpose of regulations	2
	4	Notes	2
	5	Meaning of Land 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 authorised person	3
	11	Contents of reminder notices—identifying authorised person	4
	12	Authorised people for infringement notice offences	4
Schedule 1	Land Act infringement notice offences and penalties	5
Endnotes
	1	About the endnotes	7
	2	Abbreviation key	7
	3	Legislation history	8
	4	Amendment history	8

Australian Capital Territory
Magistrates Court (Land Planning and Environment Infringement Notices) Regulations 2003     

made under the
Magistrates Court Act 1930

    

  

1	Name of regulations
These regulations are the Magistrates Court (Land Planning and Environment Infringement Notices) Regulations 2003.
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
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.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key
am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
IA = Interpretation Act 1967	reloc = relocated	
ins = inserted/added	R[X] = Republication No	
LA = Legislation Act 2001	RI = reissue	
LR = legislation register	s = section/subsection	
LRA = Legislation (Republication) Act 1996	sch = schedule	
mod = modified / modification	sdiv = subdivision	
No = number	sub = substituted	
num = numbered	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
Magistrates Court (Land Planning and Environment Infringement Notices) Regulations 2003 SL2003-27
notified LR 25 August 2003
reg 1, reg 2 commenced 25 August 2003 (LA s 75 (1))
remainder commenced 1 September 2003 (reg 2 and see Land (Planning and Environment) (Compliance) Amendment Act 2003 A2003-34, s 2 and CN2003-8)
4	Amendment history
Commencement
reg 2	om LA s 89 (4)

©  Australian Capital Territory 2003