Australian Capital Territory

Magistrates Court (Lakes Infringement Notices) Regulations 2004
Subordinate Law SL2004-4

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

Australian Capital Territory

Magistrates Court (Lakes Infringement Notices) Regulations 2004
Subordinate Law SL2004-4
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	Administering authority	1
	6	Infringement notice offences	1
	7	Infringement notice penalties	2
	8	Contents of infringement notices—other information	2
	9	Contents of infringement notices—identifying authorised person	2
	10	Contents of reminder notices—identifying authorised person	3
	11	Authorised people for infringement notice offences	3
Schedule 1	Lakes Act 1976 infringement notice offences and penalties	4

1	Name of regulations
These regulations are the Magistrates Court (Lakes Infringement Notices) Regulations 2004.
2	Commencement
These regulations commence on the day after their notification day.
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 Lakes Act 1976.
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	Administering authority
The administering authority for an infringement notice offence against the Lakes Act 1976 is the delegate for lakes.
6	Infringement notice offences
The Magistrates Court Act 1930, part 8 applies to an offence against a provision of the Lakes Act 1976 mentioned in schedule 1, column 2.
7	Infringement notice penalties
	(1)	The penalty payable by an individual for an offence against the Lakes Act 1976, 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 Lakes Act 1976, 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 Lakes Act is $34.
8	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 Lakes Act 1976 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.
9	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 Lakes Act 1976 must identify the authorised person by—
	(a)	the authorised person’s full name, or surname and initials; or
	(b)	any unique number given to the authorised person by the administering authority under regulation 5 (Administering authority) for these regulations.
10	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 Lakes Act 1976 must identify the authorised person by—
	(a)	the authorised person’s full name, or surname and initials; or
	(b)	any unique number given to the authorised person by the administering authority under regulation 5 (Administering authority) for these regulations.
11	Authorised people for infringement notice offences
An inspector under the Lakes Act 1976, section 7 may serve—
	(a)	an infringement notice for an infringement notice offence against the Lakes Act 1976; and
	(b)	a reminder notice for an infringement notice offence against the Lakes Act 1976.

Schedule 1	Lakes Act 1976 infringement notice offences and penalties
(see reg 6 and reg 7)

column 1
item	column 2
offence provision	column 3
offence penalty
(penalty units)	column 4
infringement penalty ($)	
1	section 27 (1)	50	150	
2	section 27 (2)	10	75	

Endnotes
1	Notification
	Notified under the Legislation Act on 22 January 2004.
	(see www.legislation.act.gov.au)
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2004