Australian Capital Territory

Magistrates Court (Fisheries Infringement Notices) Regulations 2004
Subordinate Law SL2004-5

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 (Fisheries Infringement Notices) Regulations 2004
Subordinate Law SL2004-5
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	Meaning of fisheries legislation	1
	6	Administering authority	2
	7	Infringement notice offences	2
	8	Infringement notice penalties	2
	9	Contents of infringement notices—other information	2
	10	Contents of infringement notices—identifying authorised person	3
	11	Contents of reminder notices—identifying authorised person	3
	12	Authorised people for infringement notice offences	3
Schedule 1	Fisheries legislation infringement notice offences and penalties	4

1	Name of regulations
These regulations are the Magistrates Court (Fisheries 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 fisheries legislation.
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 fisheries legislation
In these regulations:
fisheries legislation means—
	(a)	the Fisheries Act 2000; and
	(b)	the Fisheries Regulations 2001.
6	Administering authority
The administering authority for an infringement notice offence against the fisheries legislation is the conservator of flora and fauna.
7	Infringement notice offences
The Magistrates Court Act 1930, part 8 applies to an offence against a provision of the fisheries legislation mentioned in schedule 1, column 2.
8	Infringement notice penalties
	(1)	The penalty payable by an individual for an offence against the fisheries 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 fisheries 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 fisheries 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 fisheries legislation 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.
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 fisheries legislation 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 6 (Administering authority) for these regulations.
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 fisheries legislation 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 6 (Administering authority) for these regulations.
12	Authorised people for infringement notice offences
A conservation officer under the Nature Conservation Act 1980, section 8 may serve—
	(a)	an infringement notice for an infringement notice offence against the fisheries legislation; and
	(b)	a reminder notice for an infringement notice offence against the fisheries legislation.

Schedule 1	Fisheries legislation infringement notice offences and penalties
(see reg 7 and reg 8)
Part 1.1	Fisheries Act 2000

column 1
item	column 2
offence provision	column 3
offence penalty
(penalty units)	column 4
infringement penalty ($)	
1	section 37 (1)	50	250	
2	section 46 (1)	10	100	
3	section 46 (2)	10	100	
4	section 47 (1)	10	100	
5	section 47 (2)	50	100	
6	section 48	50	100	
7	section 49 (3)	50	250	
8	section 61 (2)	50	250	
9	section 65 (2)	50	100	
10	section 70	50	250	
11	section 74 (1)	50	250	
12	section 74 (2)	50	250	
13	section 75	10	100	
14	section 76 (1)	100	250	
15	section 76 (2)	100	250	
16	section 77 (1)	100	250	
17	section 78	50	150	
18	section 79	10	100	
19	section 80 (1)	50	250	
20	section 80 (2)	50	250	
21	section 81 (1)	50	250	
22	section 81 (2)	30	150	
23	section 82	30	150	
24	section 84 (1)	10	100	
25	section 85 (1)	30	150	
26	section 85 (2)	30	150	
27	section 86	10	100	
28	section 87 (1)	50	250	
29	section 87 (2)	30	150	
30	section 88 (1)	50	250	
31	section 88 (2)	30	150	
Part 1.2	Fisheries Regulations 2001
column 1
item	column 2
offence provision	column 3
offence penalty
(penalty units)	column 4
infringement penalty ($)	
1	regulation 5	5	100	

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

© Australian Capital Territory 2004