Australian Capital Territory
Magistrates Court (Dangerous Goods Road Transport Infringement Notices) Regulation 2010    
SL2010-42
made under the
Magistrates Court Act 1930
Republication No 2
Effective:  10 June 2015
Republication date: 10 June 2015
Last amendment made by A2015‑15

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Magistrates Court (Dangerous Goods Road Transport Infringement Notices) Regulation 2010, 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 2015.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 10 June 2015.  
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 $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Magistrates Court (Dangerous Goods Road Transport Infringement Notices) Regulation 2010
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	2
	7	Infringement notice offences	3
	8	Infringement notice penalties	3
	9	Contents of infringement notices—identifying authorised person	3
	10	Contents of infringement notices—other information	4
	11	Contents of reminder notices—identifying authorised person	4
	12	Authorised people for infringement notice offences	4
Schedule 1	Dangerous goods legislation infringement notice offences and penalties	6
Part 1.1	Dangerous Goods (Road Transport) Act 2009	6
Part 1.2	Dangerous Goods (Road Transport) Regulation 2010	7
Dictionary		11
Endnotes
	1	About the endnotes	12
	2	Abbreviation key	12
	3	Legislation history	13
	4	Amendment history	13
	5	Earlier republications	14

Australian Capital Territory
Magistrates Court (Dangerous Goods Road Transport Infringement Notices) Regulation 2010     

made under the
Magistrates Court Act 1930

    

  

1	Name of regulation
This regulation is the Magistrates Court (Dangerous Goods Road Transport Infringement Notices) Regulation 2010.
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.
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)).
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 dangerous goods 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 dangerous goods legislation is the entity declared to be the competent authority for the Dangerous Goods (Road Transport) Act 2009, section 20.
7	Infringement notice offences
The Magistrates Court Act 1930, part 3.8 applies to an offence against a provision of the dangerous goods legislation mentioned in schedule 1, column 2.
8	Infringement notice penalties
	(1)	The penalty payable by an individual for an offence against the dangerous goods 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 dangerous goods 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 dangerous goods legislation is $34.
9	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 dangerous goods legislation 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 appointed under the Dangerous Goods (Road Transport) Act 2009, section 23 (2)––
	(i)	the authorised person’s full name, or surname and initials; or
	(ii)	the authorised person’s identity card number.
10	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 dangerous goods 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.
11	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 dangerous goods legislation 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 appointed under the Dangerous Goods (Road Transport) Act 2009, section 23 (2)––
	(i)	the authorised person’s full name, or surname and initials; or
	(ii)	the authorised person’s identity card number.
12	Authorised people for infringement notice offences
An authorised person under the Dangerous Goods (Road Transport) Act 2009, section 23 may serve the following:
	(a)	an infringement notice for an infringement notice offence against the dangerous goods legislation;
	(b)	a reminder notice for an infringement notice offence against the dangerous goods legislation.
Note	Police officers and people appointed by the competent authority are authorised people under the Dangerous Goods (Road Transport) Act 2009, s 23.

Schedule 1	Dangerous goods legislation infringement notice offences and penalties
(see s 7 and s 8)
Part 1.1	Dangerous Goods (Road Transport) Act 2009

column 1
item	column 2
offence provision	column 3
offence penalty
(penalty units)	column 4
infringement penalty
($)	
1	28 (3)	100	2 200	
2	29 (2)	100	2 200	
3	36 (1)	50	1 100	
4	37 (1)	50	1 100	
5	40 (1)	50	1 100	
6	44 (1)	50	1 100	
7	48 (1)	50	1 100	
8	50 (1)	50	1 100	
9	52 (1)	50	1 100	
10	58 (1)	50	1 100	
11	84 (4)	50	1 100	
12	87 (1)	100	2 200	

Part 1.2	Dangerous Goods (Road Transport) Regulation 2010

column 1
item	column 2
offence provision	column 3
offence penalty
(penalty units)	column 4
infringement penalty
($)	
1	33 (1)	40	880	
2	48 (1) 	40	880	
3	48 (2)	40	880	
4	57 (1)	40	880	
5	65 (1) 	40	880	
6	65 (3)	40	880	
7	66 (1)	40	880	
8	67 (1)	40	880	
9	70 (1)	40	880	
10	72 (1)	20	440	
11	78 (1)			
11.1	·	if the package is large packaging or an overpack	20	440	
11.2	·	in any other case	10	220	
12	78 (2) 			
12.1	·	if the package is large packaging or an overpack	20	440	
12.1	·	in any other case	10	220	
13	79 (1) 			
13.1	·	if the package is large packaging or an overpack	20	440	
13.2	·	in any other case	10	220	
14	94 (1)	40	880	
15	97 (1)	40	880	
16	101 (1)	20	440	
17	108 (1)	20	440	
18	119 (1)	40	880	
19	122 (1)	20	440	
20	122 (3)	20	440	
21	123 (1)	20	440	
22	125 (1)	10	220	
23	126 (1)	20	440	
24	128 (1)	10	220	
25	131 (1)	20	440	
26	134 (1)	15	330	
27	135 (1)	20	440	
28	136 (1)	15	330	
29	136 (2)	15	330	
30	139 (1)	20	440	
31	140 (1)	15	330	
32	140 (2)	15	330	
33	140 (3)	15	330	
34	142 (1)	40	880	
35	143 (1)	40	880	
36	144 (1)	15	330	
37	145 (2)	10	220	
38	147 (1)	10	220	
39	148 (1)	15	330	
40	149 (2)	40	880	
41	149 (3)	40	880	
42	149 (4)	40	880	
43	150 (1)	40	880	
44	151 (1)	40	880	
45	152 (1)	40	880	
46	153 (2)	15	330	
47	153 (3)	15	330	
48	154 (2)	40	880	
49	155 (2)	20	440	
50	155 (3)	20	440	
51	156 (1)	40	880	
52	156 (2)	40	880	
53	157 (1)	40	880	
54	157 (2)	40	880	
55	158 (2)	20	440	
56	159 (2)	20	440	
57	159 (3)	20	440	
58	196 (1)	40	880	
59	197 (1)	40	880	
60	209 (1)	10	220	
61	218 (1)	10	220	
62	218 (2)	10	220	
63	218 (3)	10	220	
64	218 (4)	10	220	
65	220 (3)	10	220	
66	220 (4)	10	220	
67	223 (1)	40	880	
68	227 (2)	10	220	
69	228 (2)	10	220	
70	238 (1)	15	330	

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.
dangerous goods legislation means—
	(a)	the Dangerous Goods (Road Transport) Act 2009; and
	(b)	the Dangerous Goods (Road Transport) Regulation 2010.

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 (Dangerous Goods Road Transport Infringement Notices) Regulation 2010 SL2010-42
notified LR 28 October 2010
s 1, s 2 commenced 28 October 2010 (LA s 75 (1))
remainder commenced 29 October 2010 (s 2)
as amended by
Statute Law Amendment Act 2015 A2015‑15 sch 3 pt 3.17
notified LR 27 May 2015
s 1, s 2 commenced 27 May 2015 (LA s 75 (1))
sch 3 pt 3.17 commenced 10 June 2015 (s 2)
4	Amendment history
Commencement
s 2	om LA s 89 (4)
Administering authority
s 6 hdg	sub A2015‑15 amdt 3.80
Infringement notice offences
s 7 hdg	sub A2015‑15 amdt 3.81
Infringement notice penalties
s 8 hdg	sub A2015‑15 amdt 3.82
Contents of infringement notices—identifying authorised person
s 9 hdg	sub A2015‑15 amdt 3.83
Contents of infringement notices—other information
s 10 hdg	sub A2015‑15 amdt 3.84
Contents of reminder notices—identifying authorised person
s 11 hdg	sub A2015‑15 amdt 3.85
Authorised people for infringement notice offences
s 12 hdg	sub A2015‑15 amdt 3.86
s 12	am A2015‑15 amdt 3.87, amdt 3.88

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
29 Oct 2010	29 Oct 2010‑
9 June 2015	not amended	new regulation	

©  Australian Capital Territory 2015