Australian Capital Territory
Magistrates Court (Crimes Infringement Notices) Regulation 2008
Subordinate Law SL2008-14

The Australian Capital Territory Executive makes the following regulation under the Magistrates Court Act 1930.
Dated 10 April 2008.
Simon Corbell
Minister
Andrew Barr
Minister

Australian Capital Territory
Magistrates Court (Crimes Infringement Notices) Regulation 2008
Subordinate Law SL2008-14
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	Service of infringement notices, Act, s 120––belief about age of individual	2
	8	Service of infringement notices, Act, s 120––witnessing conduct	2
	9	Infringement notice offences	3
	10	Infringement notice penalties	3
	11	Contents of infringement notices—other information	3
	12	Contents of infringement notices—identifying authorised person	4
	13	Contents of reminder notices—identifying authorised person	4
	14	Authorised people for infringement notice offences	5
Schedule 1	Crimes Act infringement notice offences and penalties	6
Dictionary		7

1	Name of regulation
This regulation is the Magistrates Court (Crimes Infringement Notices) Regulation 2008.
2	Commencement
This regulation commences on the commencement of the Crimes Amendment Act 2008.
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 Crimes 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.
Note 2	A definition in the dictionary 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 Crimes Act is the chief police officer.
7	Service of infringement notices, Act, s 120––belief about age of individual
An authorised person is taken to have reasonable grounds for believing that an individual is of a particular age if the authorised person sees evidence of the individual’s identity and age.
Note 1	The infringement notice offence in schedule 1 applies except where an individual is under 16 years old.
Note 2	Under the Act, s 120 the authorised person must believe on reasonable grounds that a person has committed an infringement notice offence, before serving an infringement notice on the person for the offence.  
8	Service of infringement notices, Act, s 120––witnessing conduct
An authorised person is taken not to have reasonable grounds for believing that a person committed an infringement notice offence unless the authorised person witnessed the person committing the offence.
9	Infringement notice offences
The Magistrates Court Act 1930, part 3.8 applies to an offence against a provision of the Crimes Act mentioned in schedule 1, column 2.
10	Infringement notice penalties
	(1)	The penalty payable by an individual for an offence against the Crimes 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 Crimes 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 Crimes Act is $34.
11	Contents of infringement notices—other information
An infringement notice served on a person by an authorised person for an infringement notice offence against the Crimes Act must include—
	(a)	if the person is a company registered under the Corporations Act—the company’s ACN; or
	(b)	if the person is a partner in a partnership—the partnership’s name.
Note	The requirement under this section is additional to the requirement under the Magistrates Court Act 1930, s 121 (1) (c).
12	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 Crimes Act must identify the authorised person by—
	(a)	for an authorised person who is a police officer––the police officer’s service number; or
	(b)	for an authorised person under the Litter Act 2004, section 14 (Appointment of authorised people)––
	(i)	the authorised person’s full name, or surname and initials; or
	(ii)	any unique number given, for this regulation, to the authorised person by the administering authority.
13	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 Crimes Act must identify the authorised person by—
	(a)	for an authorised person who is a police officer––the police officer’s service number; or
	(b)	for an authorised person under the Litter Act 2004, section 14 (Appointment of authorised people)––
	(i)	the authorised person’s full name, or surname and initials; or
	(ii)	any unique number given, for this regulation, to the authorised person by the administering authority.
14	Authorised people for infringement notice offences
	(1)	A police officer may serve—
	(a)	an infringement notice for an infringement notice offence against the Crimes Act; and
	(b)	a reminder notice for an infringement notice offence against the Crimes Act.
	(2)	An authorised person under the Litter Act, 2004, section 14 (Appointment of authorised people) may serve––
	(a)	an infringement notice for an infringement notice offence against the Crimes Act, section 120; and
	(b)	a reminder notice for an infringement notice offence against the Crimes Act, section 120.
Note	For how documents may be served, see the Legislation Act, pt 19.5.

Schedule 1	Crimes Act infringement notice offences and penalties
(see s 9 and s 10)
column 1
item	column 2
offence provision and case	column 3
offence penalty
(penalty units)	column 4
infringement penalty ($)	
1	120, except where individual is under 16 years old	10	200	
2	393A, except where individual is under 16 years old	10	200	
3	394 (2), except where individual is under 16 years old	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:
·	chief police officer
·	corporation
·	Corporations Act
·	individual
·	police officer.
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.
Crimes Act means the Crimes Act 1900.

Endnotes
1	Notification
	Notified under the Legislation Act on 14 April 2008.
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2008