Australian Capital Territory
Magistrates Court (Planning and Development Infringement Notices) Regulation 2008
Subordinate Law SL2008-11

The Australian Capital Territory Executive makes the following regulation under the Magistrates Court Act 1930.
Dated 27 March 2008.
Simon Corbell
Minister
Katy Gallagher
Minister

Australian Capital Territory
Magistrates Court (Planning and Development Infringement Notices) Regulation 2008
Subordinate Law SL2008-11
made under the
Magistrates Court Act 1930

    

1	Name of regulation
This regulation is the Magistrates Court (Planning and Development Infringement Notices) Regulation 2008.
2	Commencement
This regulation commences on the commencement of the Planning and Development Act 2007, section 428 (Repeals).
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 create a system of infringement notices under the Magistrates Court Act 1930, part 3.8 for certain offences against the Planning and Development Act 2007.
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 Planning and Development Act 2007, 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 Planning and Development Act 2007 is the planning and land authority.
7	Infringement notice offences
The Magistrates Court Act 1930, part 3.8 applies to an offence against a provision of the Planning and Development Act 2007 mentioned in schedule 1, column 2.
8	Infringement notice penalties
	(1)	The penalty payable by an individual for an offence against the Planning and Development Act 2007, 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 Planning and Development Act 2007, 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 Planning and Development Act 2007 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 Planning and Development Act 2007 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 Planning and Development Act 2007 must identify the authorised person by—
	(a)	the authorised person’s full name, or surname and initials; or
	(b)	the authorised person’s identity card number.
11	Contents of reminder notice—identifying authorised person
A reminder notice served on a person by an authorised person for an infringement notice offence against the Planning and Development Act 2007 must identify the authorised person by—
	(a)	the authorised person’s full name, or surname and initials; or
	(b)	the authorised person’s identity card number.
12	Authorised people for infringement notice offences
An inspector may serve—
	(a)	an infringement notice for an infringement notice offence against the Planning and Development Act 2007; and
	(b)	a reminder notice for an infringement notice offence against the Planning and Development Act 2007.

Schedule 1	Planning and development legislation infringement notice offences and penalties
(see s 7 and s 8)
Part 1.1	Planning and Development Act 2007

column 1
item	column 2
offence provision	column 3
offence penalty
(penalty units)	column 4
infringement penalty
($)	
1	155 (2)	5	100	
2	199 (4)	60	1200	
3	200 (4)	60	1200	
4	202 (1)	60	1200	
5	361 (1)	60	1200	
6	367 (1)	60	1200	
7	378 (1) and (2)	60	1200	
8	393 (4)	10	200	

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 Planning and Development Act 2007, dictionary.

Endnotes
1	Notification
	Notified under the Legislation Act on 28 March 2008.
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.