Australian Capital Territory
Magistrates Court (Public Unleased Land Infringement Notices) Regulation 2013
Subordinate Law SL2013-17

The Australian Capital Territory Executive makes the following regulation under the Magistrates Court Act 1930.
Dated 20 June 2013.
Joy Burch
Minister
Simon Corbell
Minister

Australian Capital Territory
Magistrates Court (Public Unleased Land Infringement Notices) Regulation 2013
Subordinate Law SL2013-17
made under the
Magistrates Court Act 1930

    
    
Contents
	Page
	1	Name of regulation	1
	2	Commencement	1
	3	Dictionary	1
	4	Notes	1
	5	Purpose of regulation	2
	6	Administering authority	2
	7	Infringement notice offences	2
	8	Infringement notice penalties	2
	9	Contents of infringement notices—identifying authorised person	3
	10	Contents of infringement notices—other information	3
	11	Contents of reminder notices—identifying authorised person	3
	12	Authorised people for infringement notice offences	3
Schedule 1	Public Unleased Land Act 2013 infringement notice offences and penalties	5
Dictionary		7

1	Name of regulation
This regulation is the Magistrates Court (Public Unleased Land Infringement Notices) Regulation 2013.
2	Commencement
This regulation commences on the commencement of the Public Unleased Land Act 2013, section 5.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
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 Public Unleased Land Act 2013.
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 following entities are administering authorities for an infringement notice offence against the Public Unleased Land Act 2013:
	(a)	the director-general for that Act;
	(b)	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 Public Unleased Land Act 2013 mentioned in schedule 1, column 2.
8	Infringement notice penalties
	(1)	The penalty payable by an individual for an offence against the Public Unleased Land Act 2013, 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 Public Unleased Land Act 2013, 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 Public Unleased Land Act 2013 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 Public Unleased Land Act 2013 must identify the authorised person by the authorised person’s identity card.
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 Public Unleased Land Act 2013 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 Public Unleased Land Act 2013 must identify the authorised person by the authorised person’s identity card. 
12	Authorised people for infringement notice offences
	(1)	A person appointed under the Public Unleased Land Act 2013, section 89 may serve—
	(a)	an infringement notice for an infringement notice offence against the Public Unleased Land Act 2013; and
	(b)	a reminder notice for an infringement notice offence against the Public Unleased Land Act 2013.
	(2)	A person appointed as an investigator under the Fair Trading (Australian Consumer Law) Act 1992, section 36 (1) (Investigators) may serve a notice mentioned in subsection (1) if—
	(a)	the infringement notice offence is in relation to an outdoor eating or drinking place; or 
	(b)	the infringement notice offence—
	(i)	is an offence under the Public Unleased Land Act 2013, section 43 (Offence—use public unleased land without permit) or section 44 (Offence—fail to comply with condition of permit); and
	(ii)	relates to parking a vehicle on public unleased land.
	(3)	In this section:
outdoor eating or drinking place—see the Smoke-Free Public Places Act 2003, section 9A (Meaning of outdoor eating or drinking place).

Schedule 1	Public Unleased Land Act 2013 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 
($)	
1	13 (1)	10	220	
2	16 (1)	5	110	
3	20 (1)	10	220	
4	22 (1)	20	440	
5	26 (1)	10	220	
6	28 (1) (b) (ii)
·	insurance-related
·	other	
50
10	
1 100
220	
7	32 (1)	5	110	
8	35 (1)	50	1 100	
9	43 (1)	20	440	
10	44 (1)
·	not financial assurance condition
·	financial assurance condition	
20

30	
440

660	
11	77 (1)	1	22	
12	84 (1)	10	220	
13	90 (4)	1	22	
14	95 (1)	10	220	
15	97 (1)	5	110	
16	99 (1)	10	220	
17	101 (1)	20	440	
18	104 (1)	30	660	

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
·	director-general (see s 163).
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.
identity card means an identity card issued under the Public Unleased Land Act 2013, section 90 (Identity cards).

Endnotes
1	Notification
	Notified under the Legislation Act on 27 June 2013.
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2013