Australian Capital Territory
Magistrates Court (Planning and Development Infringement Notices) Regulation 2008    
SL2008-11
made under the
Magistrates Court Act 1930
Republication No 2
Effective:  10 June 2014 – 9 June 2015
Republication date: 10 June 2014
Last amendment made by A2014‑18

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Magistrates Court (Planning and Development Infringement Notices) Regulation 2008, 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 10 June 2014.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 10 June 2014.  
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 changes
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, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.
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 the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $140 for an individual and $700 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Magistrates Court (Planning and Development Infringement Notices) Regulation 2008
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—other information	3
	10	Contents of infringement notices—identifying authorised person	4
	11	Contents of reminder notice—identifying authorised person	4
	12	Authorised people for infringement notice offences	4
Schedule 1	Planning and Development Act infringement notice offences and penalties	5
Dictionary		6
Endnotes
	1	About the endnotes	7
	2	Abbreviation key	7
	3	Legislation history	8
	4	Amendment history	8
	5	Earlier republications	9

Australian Capital Territory
Magistrates Court (Planning and Development Infringement Notices) Regulation 2008     

made under the
Magistrates Court Act 1930

    

  

1	Name of regulation
This regulation is the Magistrates Court (Planning and Development Infringement Notices) Regulation 2008.
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 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	155 (5)	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	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 are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.
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

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	or to be expired	

3	Legislation history
Magistrates Court (Planning and Development Infringement Notices) Regulation 2008 SL2008-11
notified LR 28 March 2008
s 1, s 2 commenced 28 March 2008 (LA s 75 (1))
remainder commenced 31 March 2008 (s 2 and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1)
as amended by
Statute Law Amendment Act 2014 A2014‑18 sch 3 pt 3.16
notified LR 20 May 2014
s 1, s 2 commenced 20 May 2014 (LA s 75 (1))
sch 3 pt 3.16 commenced 10 June 2014 (s 2 (1))
4	Amendment history
Commencement
s 2	om R1 LA s 89 (4)
Planning and Development Act infringement notice offences and penalties
sch 1 hdg	sub A2014‑18 amdt 3.69
sch 1	am A2014‑18 amdt 3.71
Planning and Development Act 2007
sch 1 pt 1.1 hdg	om A2014‑18 amdt 3.70

5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R1
31 Mar 2008	31 Mar 2008–
9 June 2014	not amended	new regulation	

©  Australian Capital Territory 2014