Australian Capital Territory
Protection of Public Participation Regulation 2010    
SL2010-10
made under the
Protection of Public Participation Act 2008
Republication No 1
Effective:  2 April 2010
Republication date: 2 April 2010
Regulation not amended

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Protection of Public Participation Regulation 2010, made under the Protection of Public Participation Act 2008 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 2 April 2010.  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 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 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
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Protection of Public Participation Regulation 2010
made under the
Protection of Public Participation Act 2008
    
Contents
	Page
	1	Name of regulation	2
	3	Notes	2
	4	Working out financial penalty—Act, s 9 (3)	2
Endnotes
	1	About the endnotes	4
	2	Abbreviation key	4
	3	Legislation history	5
	4	Amendment history	5

Australian Capital Territory
Protection of Public Participation Regulation 2010     

made under the
Protection of Public Participation Act 2008

    

  

1	Name of regulation
This regulation is the Protection of Public Participation Regulation 2010.
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	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
Protection of Public Participation Regulation 2010 SL2010-10
notified LR 1 April 2010
s 1, s 2 commenced 1 April 2010
remainder commenced 2 April 2010 (s 2)
4	Amendment history
Commencement
s 2	om LA s 89 (4)

©  Australian Capital Territory 2010