Australian Capital Territory
Magistrates Court (Plastic Shopping Bags Ban Infringement Notices) Regulation 2011    
SL2011-19
made under the
Magistrates Court Act 1930
Republication No 1
Effective:  1 July 2011 – 31 October 2011
Republication date: 1 July 2011
Regulation not amended

Not all provisions are in force: see last endnote

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Magistrates Court (Plastic Shopping Bags Ban Infringement Notices) Regulation 2011, 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 July 2011.  It also includes any commencement, repeal or expiry affecting this 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, 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 $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Magistrates Court (Plastic Shopping Bags Ban Infringement Notices) Regulation 2011
made under the
Magistrates Court Act 1930
    
Contents
	Page
	
	1	Name of regulation	2
	2	Commencement	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—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
	13	Expiry	5
Schedule 1	Plastic Bags Ban Act infringement notice offences and penalties	6
Dictionary		7
Endnotes
	1	About the endnotes	8
	2	Abbreviation key	8
	3	Legislation history	9
	4	Amendment history	9
	5	Uncommenced provision	9

Australian Capital Territory
Magistrates Court (Plastic Shopping Bags Ban Infringement Notices) Regulation 2011     

made under the
Magistrates Court Act 1930

    

  

1	Name of regulation
This regulation is the Magistrates Court (Plastic Shopping Bags Ban Infringement Notices) Regulation 2011.
2	Commencement
	(1)	This regulation (other than schedule 1, item 1) commences on 1 July 2011.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
	(2)	Schedule 1, item 1 commences on 1 November 2011.
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 provide for infringement notices under the Magistrates Court Act 1930, part 3.8 for certain offences against the Plastic Bags Ban 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.
6	Administering authority
The administering authority for an infringement notice offence against the Plastic Bags Ban Act is the commissioner for fair trading.
7	Infringement notice offences
The Magistrates Court Act 1930, part 3.8 applies to an offence against a provision of the Plastic Bags Ban Act mentioned in schedule 1, column 2.
8	Infringement notice penalties
	(1)	The penalty payable by an individual for an offence against the Plastic Bags Ban 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 Plastic Bags Ban Act, under an infringement notice for the offence, is 3.5 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 Plastic Bags Ban Act 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 Plastic Bags Ban Act must identify the authorised person by—
	(a)	the authorised person’s full name, or surname and initials; or
	(b)	any unique number given, for this regulation, to the authorised person by the administering authority.
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 Plastic Bags Ban Act 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 Plastic Bags Ban Act must identify the authorised person by—
	(a)	the authorised person’s full name, or surname and initials; or
	(b)	any unique number given, for this regulation, to the authorised person by the administering authority.
12	Authorised people for infringement notice offences
An investigator may serve—
	(a)	an infringement notice for an infringement notice offence against the Plastic Bags Ban Act; and
	(b)	a reminder notice for an infringement notice offence against the Plastic Bags Ban Act.
13	Expiry
Schedule 1, items 2 and 3, and this section, expire on 1 November 2011.

Schedule 1	Plastic Bags Ban Act infringement notice offences and penalties
(see s 7 and s 8)
column 1
item	column 2
offence provision	column 3
offence penalty (penalty units)	column 4
infringement penalty ($)	
 U 	1	7 (1)	50	110	
2	100 (1)	50	110	
3	100 (2)	50	110	

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:
·	commissioner for fair trading
·	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.
investigator means an investigator under the Fair Trading (Australian Consumer Law) Act 1992. 
Plastic Bags Ban Act means the Plastic Shopping Bags Ban Act 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 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

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 (Plastic Shopping Bags Ban Infringement Notices) Regulation 2011 SL2011-19
notified LR 23 June 2011
s 1, s 2 commenced 23 June 2011 (LA s 75 (1))
sch 1 item 1 commences 1 November 2011 (s 2 (2))
remainder commenced 1 July 2011 (s 2 (1))
4	Amendment history
Expiry
s 13	exp 1 November 2011 (s 13)
Plastic Bags Ban Act infringement notice offences and penalties
sch 1	item 2, item 3 exp 1 November 2011 (s 13)
5	Uncommenced provision
The following provision has been included in this republication in italics because it was uncommenced at the republication date:
	Magistrates Court (Plastic Shopping Bags Ban Infringement Notices) Regulation 2011 SL2011-19 sch 1 item 1
Schedule 1	Plastic Bags Ban Act infringement notice offences and penalties
column 1
item	column 2
offence provision	column 3
offence penalty (penalty units)	column 4
infringement penalty ($)	
1	7 (1)	50	110	

©  Australian Capital Territory 2011