Australian Capital Territory
Protection of Public Participation Regulation 2010
Subordinate Law SL2010-10

The Australian Capital Territory Executive makes the following regulation under the Protection of Public Participation Act 2008.
Dated 29 March 2010.
Simon Corbell
Minister
Katy Gallagher
Minister

Australian Capital Territory
Protection of Public Participation Regulation 2010
Subordinate Law SL2010-10
made under the
Protection of Public Participation Act 2008

    
    
Contents
	Page

	1	Name of regulation	1
	2	Commencement	1
	3	Notes	1
	4	Working out financial penalty—Act, s 9 (3)	1

1	Name of regulation
This regulation is the Protection of Public Participation Regulation 2010.
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	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.
4	Working out financial penalty—Act, s 9 (3)
	(1)	In working out a financial penalty, a court must consider the following matters:
	(a)	the extent to which the defendant, or anyone else, is, or could be, discouraged from engaging in public participation;
	(b)	the costs and hardships imposed on the defendant by the improper proceedings;
	(c)	the extent to which the plaintiff benefited from the improper proceedings;
	(d)	the effect on the defendant’s ability to engage in public participation;
	(e)	the steps taken by the plaintiff and defendant to avoid litigation.
	(2)	The matters mentioned in subsection (1) do not limit the matters a court may consider in working out a financial penalty.
	(3)	In working out a financial penalty, a court is not limited by—
	(a)	any other proceeding under another territory law in relation to the plaintiff’s conduct; or
	(b)	any other penalty imposed on the plaintiff under territory law. 
	(4)	In this section:
improper proceedings means proceedings started or maintained for an improper purpose.
Note	Improper purpose—see the Act, s 6.

Endnotes
1	Notification
	Notified under the Legislation Act on 1 April 2010.
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2010