Australian Capital Territory
Magistrates Court (Hawkers Infringement Notices) Regulation 2003    
SL2003-37
made under the
Magistrates Court Act 1930
Republication No 2
Effective:  1 November 2004 – 9 January 2005
Republication date: 1 November 2004
Last amendment made by A2004-60
(republication includes editorial amendments 
under Legislation Act)

Not all amendments are in force: see last endnote

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Magistrates Court (Hawkers Infringement Notices) Regulation 2003, 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 1 November 2004.  It also includes any amendment, repeal or expiry affecting the republished law to 1 November 2004.  
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 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 (Hawkers Infringement Notices) Regulation 2003
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 Hawkers 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	Hawkers Act infringement notice offences and penalties	5
Endnotes
	1	About the endnotes	6
	2	Abbreviation key	6
	3	Legislation history	7
	4	Amendment history	7
	5	Earlier republications	8
	6	Uncommenced amendments	8

Australian Capital Territory
Magistrates Court (Hawkers Infringement Notices) Regulation 2003     

made under the
Magistrates Court Act 1930

    

  

  

1	Name of regulation
This regulation is the Magistrates Court (Hawkers Infringement Notices) Regulation 2003.
 U 	3	Purpose of regulation
The purpose of this regulation is to provide for infringement notices under the Magistrates Court Act 1930, part 8 for certain offences against the Hawkers 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 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 Hawkers Act
In this regulation:
Hawkers Act means the Hawkers Act 2003.
6	Administering authority
The administering authority for an infringement notice offence against the Hawkers Act is the chief executive for that Act.
 U 	7	Infringement notice offences
The Magistrates Court Act 1930, part 8 applies to an offence against a provision of the Hawkers Act mentioned in schedule 1, column 2.
8	Infringement notice penalties
	(1)	The penalty payable by an individual for an offence against the Hawkers 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 Hawkers 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 Hawkers 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 Hawkers 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 authorised person
An infringement notice served on a person by an authorised person for an infringement notice offence against the Hawkers Act must identify the authorised person by—
	(a)	for an authorised person who is a police officer—the service number for the police officer; and
	(b)	for an authorised person to whom the Hawkers Act, section 41 (Identity cards) applies—
	(i)	any unique number given to the person by the administering authority for this regulation; or
	(ii)	the authorised person’s full name, or surname and initials.
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 Hawkers Act must identify the authorised person by—
	(a)	for an authorised person who is a police officer—the service number for the police officer; and
	(b)	for an authorised person to whom the Hawkers Act, section 41 (Identity cards) applies—
	(i)	any unique number given to the person by the administering authority for this regulation; or
	(ii)	the authorised person’s full name, or surname and initials.
12	Authorised people for infringement notice offences
Anyone who is an authorised person under the Hawkers Act, section 40 (Authorised people), may serve—
	(a)	an infringement notice for an infringement notice offence against the Hawkers Act; and
	(b)	a reminder notice for an infringement notice offence against the Hawkers Act.

Schedule 1	Hawkers Act infringement notice offences and penalties
(see s 7 and s 8)

column 1
item	column 2
offence provision	column 3
offence penalty
(penalty units)	column 4
infringement penalty ($)	
1	10 (1)	30	200	
2	11 (1)	10	100	
3	11 (2)	10	100	
4	12 (1)	10	100	
5	12 (2)	10	100	
6	13 (1)	10	100	
7	13 (2)	10	100	
8	14 (1)	10	100	
9	15 (1)	10	100	
10	15 (2)	10	100	
11	16 (2)	5	50	
12	16 (3)	5	50	
13	26 (1)	5	50	
14	32 (1)	5	50	
15	37 (1)	5	50	
16	37 (3)	5	50	
17	42 (3)	5	50	

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

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	pt = part	
div = division	r = rule/subrule	
exp = expires/expired	renum = renumbered	
Gaz = gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
This regulation was originally the Magistrates Court (Hawkers Infringement Notices) Regulations 2003.  It was renamed under the Legislation Act 2001.
Magistrates Court (Hawkers Infringement Notices) Regulation 2003 SL2003-37
notified LR 30 October 2003 
s 1, s 2 commenced 30 October 2003 (LA s 75 (1))
remainder commenced 31 October 2003 (s 2)
as amended by
Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.44
notified LR 2 September 2004
s 1. s 2 commenced 2 September 2004 (LA s 75 (1))
sch 1 pt 1.44 awaiting commencement (s 2 and see Court Procedures Act 2004 A2004-59, s 2)
Note	default commencement under s 2: 2 March 2005
4	Amendment history
Name of regulation
s 1	am R2 LA
Commencement
s 2	om LA s 89 (4)
Purpose of regulation
s 3	am A2004-60 amdt 1.423, amdt 1.424
Infringement notice offences
s 7	am A2004-60 amdt 1.425

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.  Except for the footer, electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R1
31 Oct 2003	31 Oct 2003–
31 Oct 2004	not amended	new regulation	
6	Uncommenced amendments
The following amendments have not been included in this republication because they were uncommenced at the republication date:
	Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.44
Part 1.44	Magistrates Court (Hawkers Infringement Notices) Regulation 2003
[1.423]	Section 3
omit
part 8
substitute
part 3.8
[1.424]	Section 3, note
omit
pt 8
substitute
pt 3.8
[1.425]	Section 7
omit
part 8
substitute
part 3.8

©  Australian Capital Territory 2004