{"id":"sl-2005-30","name":"Magistrates Court (Food Infringement Notices) Regulation 2005","slug":"magistrates-court-food-infringement-notices-regulation-2005","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"30 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173486,"registerId":"act-sl-2005-30-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Magistrates Court (Food Infringement Notices) Regulation 2005","content":"Australian Capital Territory\nMagistrates Court (Food Infringement\nNotices) Regulation 2005\nSL2005-30\nmade under the\nMagistrates Court Act 1930\nRepublication No 5\nEffective: 10 June 2015\nRepublication date: 10 June 2015\nLast amendment made by A2015-15\nAuthorised by the ACT Parliamentary Counsel\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Magistrates Court (Food Infringement Notices) Regulation 2005,\nmade under the Magistrates Court Act 1930 (including any amendment made under the\nLegislation Act 2001, part 11.3 (Editorial changes)) as in force on 10 June 2015. It also\nincludes any commencement, amendment, repeal or expiry affecting this republished law to\n10 June 2015.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the\nACT legislation register at www.legislation.act.gov.au):\n authorised republications to which the Legislation Act 2001 applies\n unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made\nby an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).\nThe changes are made if the Parliamentary Counsel considers they are desirable to bring the law\ninto line, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M\nappears immediately before the provision heading. The text of the modifying provision appears\nin the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $150 for\nan individual and $750 for a corporation (see Legislation Act 2001, s 133).\n\nR5\n10/06/15\nMagistrates Court (Food Infringement Notices)\nRegulation 2005\nEffective: 10/06/15\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMagistrates Court (Food Infringement\nNotices) Regulation 2005\nmade under the\nMagistrates Court Act 1930\nContents\nPage\n1 Name of regulation 2\n3 Purpose of regulation 2\n4 Dictionary 2\n5 Notes 2\n6 Administering authority 3\n7 Infringement notice offences 3\n8 Infringement notice penalties 3\n9 Contents of infringement notices—identifying particulars for person\nserved 3\n10 Contents of infringement notices—other information 4\n\nContents\nPage\ncontents 2 Magistrates Court (Food Infringement Notices)\nRegulation 2005\nEffective: 10/06/15\nR5\n10/06/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n11 Contents of infringement notices—identifying authorised person 4\n12 Contents of reminder notices—identifying authorised person 5\n13 Costs if liability disputed 5\n14 Authorised people for infringement notice offences 5\nSchedule 1 Food Act infringement notice offences and\npenalties 6\nDictionary 7\nEndnotes\n1 About the endnotes 8\n2 Abbreviation key 8\n3 Legislation history 9\n4 Amendment history 10\n5 Earlier republications 10\n\nR5\n10/06/15\nMagistrates Court (Food Infringement Notices)\nRegulation 2005\nEffective: 10/06/15\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMagistrates Court (Food Infringement\nNotices) Regulation 2005\nmade under the\nMagistrates Court Act 1930\n\nSection 1\npage 2 Magistrates Court (Food Infringement Notices)\nRegulation 2005\nEffective: 10/06/15\nR5\n10/06/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of regulation\nThis regulation is the Magistrates Court (Food Infringement\nNotices) Regulation 2005.\n3 Purpose of regulation\nThe purpose of this regulation is to provide for infringement notices\nunder the Magistrates Court Act 1930, part 3.8 for certain offences\nagainst the Food Act.\nNote The Magistrates Court Act 1930, pt 3.8 provides a system of\ninfringement notices for offences against various Acts. The\ninfringement notice system is intended to provide an alternative to\nprosecution.\n4 Dictionary\nThe dictionary at the end of this regulation is part of this regulation.\nNote 1 The dictionary at the end of this regulation defines certain terms used in\nthis regulation, and includes references (signpost definitions) to other\nterms defined elsewhere.\nFor example, the signpost definition ‘authorised officer—see the Food\nAct, dictionary.’ means that the term ‘authorised officer’ is defined in\nthat dictionary and the definition applies to this regulation.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire regulation unless the definition, or another provision of the\nregulation, provides otherwise or the contrary intention otherwise\nappears (see Legislation Act, s 155 and s 156 (1)).\n5 Notes\nA note included in this regulation is explanatory and is not part of\nthis regulation.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of\nnotes.\n\nSection 6\nR5\n10/06/15\nMagistrates Court (Food Infringement Notices)\nRegulation 2005\nEffective: 10/06/15\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Administering authority\nThe administering authority for an infringement notice offence\nagainst the Food Act is the chief health officer.\n7 Infringement notice offences\nThe Magistrates Court Act 1930, part 3.8 applies to an offence\nagainst a provision of the Food Act mentioned in schedule 1,\ncolumn 2.\n8 Infringement notice penalties\n(1) The penalty payable by an individual for an offence against the\nFood Act, under an infringement notice for the offence, is the\namount mentioned in schedule 1, column 4 for the offence.\n(2) The penalty payable by a corporation for an offence against the\nFood Act, under an infringement notice for the offence, is 5 times\nthe amount mentioned in schedule 1, column 4 for the offence.\n(3) The cost of serving a reminder notice for an infringement notice\noffence against the Food Act is $34.\n9 Contents of infringement notices—identifying particulars\nfor person served\nAn infringement notice served on a person by an authorised person\nfor an infringement notice offence against the Food Act must\nidentify the person served as follows:\n(a) if the person has given notice under the Food Act,\nsection 90 (1) (Notification of conduct of exempt food\nbusinesses)—the name given by the person;\n\nSection 10\npage 4 Magistrates Court (Food Infringement Notices)\nRegulation 2005\nEffective: 10/06/15\nR5\n10/06/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) if the person is a proprietor of a food business registered under\nthe Food Act, section 92 (3) (Registration of food\nbusinesses)—\n(i) the name of the proprietor of the food business shown on\nthe certificate of registration; or\n(ii) the registration number shown on the certificate of\nregistration;\n(c) if the offence to which the infringement notice relates involves\na food transport vehicle—the registration number of the\nvehicle.\n10 Contents of infringement notices—other information\n(1) If an infringement notice is served on a person for an offence\nagainst the Food Act, section 27 (1), (2), (3) or (4), the notice must\nmention each provision of the food standards code that the person\nhas contravened.\n(2) An infringement notice served on a company by an authorised\nperson for an infringement notice offence against the Food Act must\ninclude the company’s ACN.\nNote The requirement under this section is additional to the requirement\nunder the Magistrates Court Act 1930, s 121 (1) (c).\n(3) In this section:\ncompany means a company registered under the Corporations Act.\n11 Contents of infringement notices—identifying authorised\nperson\nAn infringement notice served on a person by an authorised person\nfor an infringement notice offence against the Food Act must\nidentify the authorised person by—\n(a) the authorised person’s full name, or surname and initials; or\n\nSection 12\nR5\n10/06/15\nMagistrates Court (Food Infringement Notices)\nRegulation 2005\nEffective: 10/06/15\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) any unique number given, for this regulation, to the authorised\nperson by the administering authority.\n12 Contents of reminder notices—identifying authorised\nperson\nA reminder notice served on a person by an authorised person for an\ninfringement notice offence against the Food Act must identify the\nauthorised person by—\n(a) the authorised person’s full name, or surname and initials; or\n(b) any unique number given, for this regulation, to the authorised\nperson by the administering authority.\n13 Costs if liability disputed\nThe cost of beginning a proceeding is $200.\n14 Authorised people for infringement notice offences\nAn authorised officer may serve the following:\n(a) an infringement notice for an infringement notice offence\nagainst the Food Act;\n(b) a reminder notice for an infringement notice offence against\nthe Food Act.\nNote For how documents may be served, see the Legislation Act, pt 19.5.\n\nSchedule 1 Food Act infringement notice offences and penalties\npage 6 Magistrates Court (Food Infringement Notices)\nRegulation 2005\nEffective: 10/06/15\nR5\n10/06/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Food Act infringement notice\noffences and penalties\n(see s 7 and s 8)\ncolumn 1\nitem\ncolumn 2\noffence provision\ncolumn 3\noffence penalty\n(penalty units)\ncolumn 4\ninfringement penalty ($)\n1 22 (1) 500 500\n2 22 (2) 500 500\n3 23 (1) 400 400\n4 23 (2) 400 400\n5 24 (1) (a) 500 500\n6 24 (1) (b) 500 500\n7 24 (2) 500 500\n8 24 (3) 500 500\n9 25 (1) 500 500\n10 27 (1) (a) 500 500\n11 27 (1) (b) 500 500\n12 27 (1) (c) 500 500\n13 27 (2) 500 500\n14 27 (3) 500 500\n15 27 (4) 500 500\n16 110 (5) 100 100\n17 111 (2) 100 100\n\nDictionary\nR5\n10/06/15\nMagistrates Court (Food Infringement Notices)\nRegulation 2005\nEffective: 10/06/15\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 4)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis regulation.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n chief health officer\n corporation\n Corporations Act\n individual.\nNote 3 Terms used in this regulation have the same meaning that they have in\nthe Magistrates Court Act 1930 (see Legislation Act, s 148). For\nexample, the following terms are defined in the Magistrates Court\nAct 1930, dict:\n administering authority\n authorised person\n infringement notice\n infringement notice offence\n reminder notice.\nauthorised officer—see the Food Act, dictionary.\ncertificate of registration, for a food business—see the Food Act,\ndictionary.\nFood Act means the Food Act 2001.\nfood business—see the Food Act, section 10.\nfood standards code—see the Food Act, dictionary.\nfood transport vehicle—see the Food Act, dictionary.\nproprietor, of a food business—see the Food Act, dictionary.\n\nEndnotes\n1 About the endnotes\npage 8 Magistrates Court (Food Infringement Notices)\nRegulation 2005\nEffective: 10/06/15\nR5\n10/06/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished\nlaw but are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The\ndetails of these laws are underlined in the legislation history. Uncommenced\nexpiries are underlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR5\n10/06/15\nMagistrates Court (Food Infringement Notices)\nRegulation 2005\nEffective: 10/06/15\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nMagistrates Court (Food Infringement Notices) Regulation 2005\nSL2005-30\nnotified LR 10 November 2005\ns 1, s 2 commenced 10 November 2005 (LA s 75 (1))\nremainder commenced 12 November 2005 (s 2 and see Statute Law\nAmendment Act 2005 A2005-20, s 2 (2) and LA s 79)\nas amended by\nJustice and Community Safety Legislation Amendment Act 2008\nA2008-7 sch 1 pt 1.14\nnotified LR 16 April 2008\ns 1, s 2 commenced 16 April 2008 (LA s 75 (1))\nsch 1 pt 1.14 commenced 7 May 2008 (s 2)\nFood (Nutritional Information) Amendment Act 2011 A2011-32 sch 1\nnotified LR 5 September 2011\ns 1, s 2 commenced 5 September 2011 (LA s 75 (1))\nsch 1 commenced 1 January 2013 (s 2)\nFood Amendment Act 2012 A2012-4 sch 2 pt 2.2\nnotified LR 1 March 2012\ns 1, s 2 commenced 1 March 2012 (LA s 75 (1))\nsch 2 pt 2.2 commenced 2 March 2012 (s 2 (1))\nStatute Law Amendment Act 2015 A2015-15 sch 3 pt 3.24\nnotified LR 27 May 2015\ns 1, s 2 commenced 27 May 2015 (LA s 75 (1))\nsch 3 pt 3.24 commenced 10 June 2015 (s 2)\n\nEndnotes\n4 Amendment history\npage 10 Magistrates Court (Food Infringement Notices)\nRegulation 2005\nEffective: 10/06/15\nR5\n10/06/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nAuthorised people for infringement notice offences\ns 14 am A2015-15 amdt 3.102, amdt 3.103\nExpiry of regulation\ns 15 om A2008-7 amdt 1.64\nFood Act infringement notice offences and penalties\nsch 1 am A2012-4 amdt 2.2; items renum R3 LA; A2011-32\namdt 1.1; items renum R4 LA\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications\nare marked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n12 Nov 2005\n12 Nov 2005–\n6 May 2008\nnot amended new regulation\nR2\n7 May 2008\n7 May 2008–\n1 Mar 2012\nA2008-7 amendments by\nA2008-7\nR3\n2 Mar 2012\n2 Mar 2012–\n31 Dec 2012\nA2012-4 amendments by\nA2012-4\nR4\n1 Jan 2013\n1 Jan 2013–\n9 June 2015\nA2012-4 amendments by\nA2011-32\n© Australian Capital Territory 2015","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation continues to establish an infringement-notice mechanism for specified Food Act offences (purpose s3; application s7). Later amendments adjusted which offences, penalty amounts and authorised persons (Schedule 1; s14; amendment history), but did not alter the core scope of providing an alternative to prosecution or the regime's fundamental reach."},"complexity_factors":["Cross-references to multiple Acts and external definitions (Food Act, Magistrates Court Act, Corporations Act) increase interpretive steps (see Dictionary and ss 4, 11(2) note).","Schedule mapping of specific Food Act provisions to fixed infringement penalties requires checking underlying statutory provisions (s7, Schedule 1).","Differential corporate multiplier (corporation pays 5× individual penalty) affects monetary exposure and compliance decisions (s8(2)).","Procedural requirements for notice contents, identification and service create administrative detail (ss 9–12, 14).","Fixed administrative charges for reminders and commencing proceedings ($34 and $200) create clear cost incentives to pay or contest (s8(3), s13).","Delegation of authority and unique-number identifiers vests practical discretion in the chief health officer and authorised officers (s6, ss 11–12, 14)."],"plain_english_summary":"Creates an infringement‑notice regime for specified Food Act offences: lists offences and set fine amounts (Schedule 1) and prescribes notice contents and service rules (ss 9–12). Administering authority is the chief health officer (s6).\n\nIndividuals pay the listed fines; corporations pay five times the amount (s8). Reminder service costs $34 (s8(3)); disputing liability requires beginning proceedings at $200 (s13). Authorised officers serve notices (s14). Official purpose: provide an alternative to prosecution (s3). This shifts many breaches from court prosecution to on‑the‑spot penalties, changing enforcement incentives and compliance costs."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation remains tightly focused on its original purpose: establishing an infringement notice system for Food Act offences. The amendments shown in the history (2008, 2011, 2012, 2015) are minor updates—removing an expiry provision, updating references, and adjusting the schedule of offences. There is no evidence of scope creep; the regulation has not expanded to cover non-food offences or additional administrative functions beyond the core infringement notice framework."},"complexity_factors":["Short regulation: only 14 operative sections plus a schedule and dictionary","Minimal defined terms: only 6 terms defined in the dictionary, with most definitions pointing to the Food Act or Magistrates Court Act (signpost definitions)","Simple structure: linear progression from purpose → offences → penalties → notice contents → costs → authorised persons","No nested exceptions or conditional logic: provisions are straightforward commands without 'if X then Y unless Z' structures","Single schedule with simple table: 17 rows, 4 columns, no cross-referencing between items","Limited cross-referencing: only references to parent Act (Magistrates Court Act), Food Act, and Corporations Act for basic definitions"],"plain_english_summary":"This regulation creates an on‑the‑spot infringement notice system for minor food‑safety breaches in the ACT, letting authorised health officers fine registered food businesses and proprietors instead of prosecuting. It affects food businesses, proprietors, authorised officers and the Chief Health Officer, sets individual fines ($100–$500) and corporation fines at five times that amount, adds a $34 reminder fee and $200 court costs if challenged, and requires specific identifying and offence details on each notice."}},"importantCases":[],"_links":{"self":"/api/acts/magistrates-court-food-infringement-notices-regulation-2005","history":"/api/acts/magistrates-court-food-infringement-notices-regulation-2005/history","analysis":"/api/acts/magistrates-court-food-infringement-notices-regulation-2005/analysis","conflicts":"/api/acts/magistrates-court-food-infringement-notices-regulation-2005/conflicts","importantCases":"/api/acts/magistrates-court-food-infringement-notices-regulation-2005/important-cases","documents":"/api/acts/magistrates-court-food-infringement-notices-regulation-2005/documents"}}