Australian Capital Territory
Magistrates Court (Plant Diseases Infringement Notices) Regulation 2005
Subordinate Law SL2005-32

The Australian Capital Territory Executive makes the following regulation under the Magistrates Court Act 1930.
Dated 10 November 2005.
Jon Stanhope
Minister
Simon Corbell
Minister

Australian Capital Territory
Magistrates Court (Plant Diseases Infringement Notices) Regulation 2005
Subordinate Law SL2005-32
made under the
Magistrates Court Act 1930

    
    
Contents
	Page
	1	Name of regulation	1
	2	Commencement	1
	3	Purpose of regulation	1
	4	Dictionary	1
	5	Notes	2
	6	Administering authority	2
	7	Infringement notice offences	2
	8	Infringement notice penalties	2
	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	3
	12	Costs if liability disputed	3
	13	Authorised people for infringement notice offences	4
Schedule 1	Plant Diseases Act infringement notice offences and penalties	5
Dictionary		6

1	Name of regulation
This regulation is the Magistrates Court (Plant Diseases Infringement Notices) Regulation 2005.
2	Commencement
This regulation commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
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 Plant Diseases 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 ‘inspector—see the Plant Diseases Act, dictionary.’ means that the term ‘inspector’ 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 Plant Diseases Act is the chief executive for the Plant Diseases Act.
7	Infringement notice offences
The Magistrates Court Act 1930, part 3.8 applies to an offence against a provision of the Plant Diseases Act mentioned in schedule 1, column 2.
8	Infringement notice penalties
	(1)	The penalty payable by an individual for an offence against the Plant Diseases 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 Plant Diseases 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 Plant Diseases 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 Plant Diseases 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 Plant Diseases 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.
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 Plant Diseases 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	Costs if liability disputed
The cost of beginning a proceeding is $200.
13	Authorised people for infringement notice offences
An inspector may serve—
	(a)	an infringement notice for an infringement notice offence against the Plant Diseases Act; and
	(b)	a reminder notice for an infringement notice offence against the Plant Diseases Act.
Note	For how documents may be served, see the Legislation Act, pt 19.5.

Schedule 1	Plant Diseases 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	8 (9)	50	1000	
2	10 (9)	50	1000	
3	12 (9)	50	1000	
4	16 (1)	50	1000	

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:
·	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.
inspector—see the Plant Diseases Act, dictionary.
Plant Diseases Act means the Plant Diseases Act 2002.

Endnotes
1	Notification
	Notified under the Legislation Act on 10 November 2005.
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2005