Australian Capital Territory
Magistrates Court (Work Safety Infringement Notices) Regulation 2009    
SL2009-47
made under the
Magistrates Court Act 1930
Republication No 1
Effective:  1 October 2009 – 30 June 2011
Republication date: 1 October 2009
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 (Work Safety Infringement Notices) Regulation 2009, 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 1 October 2009.  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 (Work Safety Infringement Notices) Regulation 2009
made under the
Magistrates Court Act 1930
    
Contents
	Page
	1	Name of regulation	2
	3	Dictionary	2
	4	Notes	2
	5	Purpose of regulation	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	Work safety legislation infringement notice offences and penalties	5
Part 1.1	Work Safety Act 2008	5
Part 1.2	Work Safety Regulation 2009	6
Dictionary		9
Endnotes
	1	About the endnotes	10
	2	Abbreviation key	10
	3	Legislation history	11
	4	Amendment history	11

Australian Capital Territory
Magistrates Court (Work Safety Infringement Notices) Regulation 2009     

made under the
Magistrates Court Act 1930

    

  

1	Name of regulation
This regulation is the Magistrates Court (Work Safety Infringement Notices) Regulation 2009.
3	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 Work Safety Act 2008, 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)).
4	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.
5	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 work safety legislation.
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.
6	Administering authority
The administering authority for an infringement notice offence against the work safety legislation is the chief executive for the Work Safety Act 2008.
7	Infringement notice offences
The Magistrates Court Act 1930, part 3.8 applies to an offence against a provision of the work safety legislation mentioned in schedule 1, column 2.
8	Infringement notice penalties
	(1)	The penalty payable by an individual for an offence against the work safety legislation, 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 work safety legislation, 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 work safety legislation 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 work safety legislation 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 work safety legislation 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 work safety legislation 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 work safety legislation; and
	(b)	a reminder notice for an infringement notice offence against the work safety legislation.

Schedule 1	Work safety legislation infringement notice offences and penalties
(see s 7 and s 8)
Part 1.1	Work Safety Act 2008

column 1
item	column 2
offence provision	column 3
offence penalty
(penalty units)	column 4
infringement penalty
($)	
1	39 (1) 	10	200	
2	70 (1)	10	200	
3	70 (2)	5	100	
4	70 (3)	5	100	
5	88 (4)	10	200	
6	89 (5)	10	200	
7	128 (2)	20	400	
8	128 (3)	20	400	
9	135 (2)	20	400	
10	135 (3)	20	400	
11	144 (2)	20	400	
12	144 (3)	20	400	
13	181 (2)	10	200	

Part 1.2	Work Safety Regulation 2009

column 1
item	column 2
offence provision	column 3
offence penalty
(penalty units)	column 4
infringement penalty
($)	
1	8 (2)	10	200	
2	12 (1)	10	200	
3	13 (2)	10	200	
4	14 (2)	10	200	
5	17 (2)	20	400	
6	17 (3)	20	400	
7	18 (2)	20	400	
8	20 (1)	20	400	
9	42 (3)	20	400	
10	68 (3)	30	600	
11	68 (4)	30	600	
12	69 (2)	20	400	
13	69 (3)	20	400	
14	72 (2)	30	600	
15	72 (4)	30	600	
16	72 (5)	30	600	
17	78 (1)	30	600	
18	78 (2)	30	600	
19	78 (3)	30	600	
20	92 (4)	30	600	
21	92 (5)	30	600	
22	92 (6)	30	600	
23	92 (7)	30	600	
24	101 (2)	30	600	
25	101 (3)	30	600	
26	102 (1)	20	400	
27	102 (2)	20	400	
28	102 (3)	20	400	
29	102 (4)	20	400	
30	102 (5)	20	400	
31	102 (6)	20	400	
32	102 (7)	20	400	
33	103 (2)	30	600	
34	103 (3)	30	600	
35	107 (4)	20	400	
36	108 (2)	20	400	
37	112 (2)	20	400	
38	113 (3)	20	400	
39	115 (2)	20	400	
40	117 (2)	30	600	
41	117 (4)	30	600	
42	120 (1)	20	400	
43	121 (1)	30	600	
44	125 (1)	10	200	
45	132 (3)	5	100	
46	133 (6)	5	100	
47	141 (1)	5	100	
48	143 (3)	5	100	
49	143 (4)	10	200	
50	144 (1)	5	100	
51	163 (1)	5	100	
52	163 (2)	5	100	
53	163 (3)	5	100	
54	164 (2)	5	100	
55	165 (1)	5	100	
56	167 (1)	20	400	
57	168 (1)	20	400	
58	169 (1)	20	400	
59	179 (1)	5	100	
60	183 (1)	5	100	
61	184 (1)	5	100	
62	184 (2)	5	100	

Dictionary
(see s 3)
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 Work Safety Act 2008, dictionary.
work safety legislation means—
	(a)	the Work Safety Act 2008; and
	(b)	the Work Safety Regulation 2009.

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 (Work Safety Infringement Notices) Regulation 2009 SL2009-47
notified LR 30 September 2009 
s 1, s 2 commenced 30 September 2009 (LA s 75 (1))
remainder commenced 1 October 2009 (s 2 and see Work Safety Act 2008 A2008-51, s 2 (1) (b) and CN2009-11)
4	Amendment history
Commencement
s 2	om LA s 89 (4)

©  Australian Capital Territory 2009