Australian Capital Territory
Magistrates Court (Food Infringement Notices) Regulation 2005    
SL2005-30
made under the
Magistrates Court Act 1930
Republication No 1
Effective:  12 November 2005 – 6 May 2008
Republication date: 12 November 2005
Regulation 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 (Food Infringement Notices) Regulation 2005, 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 12 November 2005.  It also includes any commencement, repeal or expiry affecting the republished law.  
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 (Food Infringement Notices) Regulation 2005
made under the
Magistrates Court Act 1930
    
Contents
	Page
	1	Name of regulation	2
	3	Purpose of regulation	2
	4	Dictionary	2
	5	Notes	2
	6	Administering authority	3
	7	Infringement notice offences	3
	8	Infringement notice penalties	3
	9	Contents of infringement notices—identifying particulars for person served	3
	10	Contents of infringement notices—other information	4
	11	Contents of infringement notices—identifying authorised person	4
	12	Contents of reminder notices—identifying authorised person	5
	13	Costs if liability disputed	5
	14	Authorised people for infringement notice offences	5
	15	Expiry of regulation	5
Schedule 1	Food Act infringement notice offences and penalties	6
Dictionary		8
Endnotes
	1	About the endnotes	9
	2	Abbreviation key	9
	3	Legislation history	10
	4	Amendment history	10

Australian Capital Territory
Magistrates Court (Food Infringement Notices) Regulation 2005     

made under the
Magistrates Court Act 1930

    

  

1	Name of regulation
This regulation is the Magistrates Court (Food Infringement Notices) Regulation 2005.
3	Purpose of regulation
The purpose of this regulation is to provide for infringement notices under the Magistrates Court Act 1930, part 3.8 for certain offences against the Food Act.
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.
4	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 ‘authorised officer—see the Food Act, dictionary.’ means that the term ‘authorised officer’ 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)).
5	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.
6	Administering authority
The administering authority for an infringement notice offence against the Food Act is the chief health officer.
7	Infringement notice offences
The Magistrates Court Act 1930, part 3.8 applies to an offence against a provision of the Food Act mentioned in schedule 1, column 2.
8	Infringement notice penalties
	(1)	The penalty payable by an individual for an offence against the Food 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 Food 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 Food Act is $34.
9	Contents of infringement notices—identifying particulars for person served
An infringement notice served on a person by an authorised person for an infringement notice offence against the Food Act must identify the person served as follows:
	(a)	if the person has given notice under the Food Act, section 90 (1) (Notification of conduct of exempt food businesses)—the name given by the person;
	(b)	if the person is a proprietor of a food business registered under the Food Act, section 92 (3) (Registration of food businesses)—
	(i)	the name of the proprietor of the food business shown on the certificate of registration; or
	(ii)	the registration number shown on the certificate of registration;
	(c)	if the offence to which the infringement notice relates involves a food transport vehicle—the registration number of the vehicle.
10	Contents of infringement notices—other information
	(1)	If an infringement notice is served on a person for an offence against the Food Act, section 27 (1), (2), (3) or (4), the notice must mention each provision of the food standards code that the person has contravened.
	(2)	An infringement notice served on a company by an authorised person for an infringement notice offence against the Food 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).
	(3)	In this section:
company means a company registered under the Corporations Act.
11	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 Food Act must identify the authorised person by—
	(a)	the authorised person’s full name, or surname and initials; or
	(b)	any unique number given, for this regulation, to the authorised person by the administering authority.
12	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 Food Act must identify the authorised person by—
	(a)	the authorised person’s full name, or surname and initials; or
	(b)	any unique number given, for this regulation, to the authorised person by the administering authority.
13	Costs if liability disputed
The cost of beginning a proceeding is $200.
14	Authorised people for infringement notice offences
An authorised officer may serve—
	(a)	an infringement notice for an infringement notice offence against the Food Act; and
	(b)	a reminder notice for an infringement notice offence against the Food Act.
Note	For how documents may be served, see the Legislation Act, pt 19.5.
15	Expiry of regulation
	(1)	This regulation expires on the default application date.
	(2)	In this section:
default application date—see the Criminal Code, section 10.
Note	This date is the date the provisions of the Criminal Code, ch 2 apply to all ACT offences.

Schedule 1	Food 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	22 (1)	500	500	
2	22 (2)	500	500	
3	23 (1)	400	400	
4	23 (2)	400	400	
5	24 (1) (a)	500	500	
6	24 (1) (b)	500	500	
7	24 (2)	500	500	
8	24 (3)	500	500	
9	25 (1)	500	500	
10	26 (1) (a)	500	500	
11	26 (1) (b)	500	500	
12	26 (2)	500	500	
13	27 (1) (a)	500	500	
14	27 (1) (b)	500	500	
15	27 (1) (c)	500	500	
16	27 (2)	500	500	
17	27 (3)	500	500	
18	27 (4)	500	500	

Dictionary
(see s 4)
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:
·	chief health officer
·	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.
authorised officer—see the Food Act, dictionary.
certificate of registration, for a food business—see the Food Act, dictionary.
Food Act means the Food Act 2001.
food business—see the Food Act, section 10.
food standards code—see the Food Act, dictionary.
food transport vehicle—see the Food Act, dictionary.
proprietor, of a food business—see the Food Act, dictionary.

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
Magistrates Court (Food Infringement Notices) Regulation 2005 SL2005-30
notified LR 10 November 2005
s 1, s 2 commenced 10 November 2005 (LA s 75 (1))
remainder commenced 12 November 2005 (s 2 and see Statute Law Amendment Act 2005 A2005-20, s 2 (2) and LA s 79)
Note	This regulation exp on the default application date (see s 15 and Criminal Code 2002 A2002-51 s 10).
4	Amendment history
Commencement
s 2	om LA s 89 (4)

©  Australian Capital Territory 2005