{"id":"sl-2020-5","name":"Magistrates Court (Heritage Infringement Notices) Regulation 2020","slug":"magistrates-court-heritage-infringement-notices-regulation-2020","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"5 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173490,"registerId":"act-sl-2020-5-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Magistrates Court (Heritage Infringement Notices) Regulation 2020","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMagistrates Court (Heritage\nInfringement Notices) Regulation 2020\nSL2020-5\nmade under the\nMagistrates Court Act 1930\nRepublication No 1\nEffective: 21 February 2020\nRepublication date: 21 February 2020\nRegulation not amended\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 (Heritage Infringement Notices) Regulation\n2020, made under the Magistrates Court Act 1930 (including any amendment made under the\nLegislation Act 2001, part 11.3 (Editorial changes)) as in force on 21 February 2020. It also\nincludes any commencement, repeal or expiry affecting this republished law.\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 ACT\nlegislation 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 amendments\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 by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, 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\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR1\n21/02/20\nMagistrates Court (Heritage Infringement Notices)\nRegulation 2020\nEffective: 21/02/20\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMagistrates Court (Heritage\nInfringement Notices) Regulation 2020\nmade under the\nMagistrates Court Act 1930\nContents\nPage\n1 Name of regulation 2\n3 Dictionary 2\n4 Notes 2\n5 Purpose of regulation 2\n6 Administering authority 3\n7 Infringement notice offences 3\n8 Infringement notice penalties 3\n9 Contents of infringement notices—identifying authorised person 3\n10 Contents of infringement notices—other information 4\n11 Contents of reminder notices—identifying authorised person 4\n\nContents\nPage\ncontents 2 Magistrates Court (Heritage Infringement Notices)\nRegulation 2020\nEffective: 21/02/20\nR1\n21/02/20\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n12 Authorised people for infringement notice offences 4\nSchedule 1 Heritage Act 2004 infringement notice\noffences and penalties 5\nDictionary 6\nEndnotes\n1 About the endnotes 7\n2 Abbreviation key 7\n3 Legislation history 8\n4 Amendment history 8\n\nR1\n21/02/20\nMagistrates Court (Heritage Infringement Notices)\nRegulation 2020\nEffective: 21/02/20\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMagistrates Court (Heritage\nInfringement Notices) Regulation 2020\nmade under the\nMagistrates Court Act 1930\n\nSection 1\npage 2 Magistrates Court (Heritage Infringement Notices)\nRegulation 2020\nEffective: 21/02/20\nR1\n21/02/20\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of regulation\nThis regulation is the Magistrates Court (Heritage Infringement\nNotices) Regulation 2020.\n3 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 person—see the\nHeritage Act 2004, dictionary.’ means that the term ‘authorised person’\nis defined in that 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 appears\n(see Legislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this regulation is explanatory and is not part of this\nregulation.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n5 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 Heritage Act 2004.\nNote The Magistrates Court Act 1930, pt 3.8 provides a system of infringement\nnotices for offences against various Acts. The infringement notice system\nis intended to provide an alternative to prosecution.\n\nSection 6\nR1\n21/02/20\nMagistrates Court (Heritage Infringement Notices)\nRegulation 2020\nEffective: 21/02/20\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 Heritage Act 2004 is the director-general for that Act.\n7 Infringement notice offences\nThe Magistrates Court Act 1930, part 3.8 applies to an offence against\na provision of the Heritage Act 2004 mentioned in schedule 1,\ncolumn 2.\n8 Infringement notice penalties\n(1) The penalty payable by an individual for an offence against the\nHeritage Act 2004, under an infringement notice for the offence, is\nthe amount mentioned in schedule 1, column 4 for the offence.\n(2) The penalty payable by a corporation for an offence against the\nHeritage Act 2004, under an infringement notice for the offence, is\n5 times the amount mentioned in schedule 1, column 4 for the\noffence.\n(3) The cost of serving a reminder notice for an infringement notice\noffence against the Heritage Act 2004 is $34.\n9 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 Heritage Act 2004 must\nidentify the authorised 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.\n\nSection 10\npage 4 Magistrates Court (Heritage Infringement Notices)\nRegulation 2020\nEffective: 21/02/20\nR1\n21/02/20\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10 Contents of infringement notices—other information\n(1) An infringement notice served on a company by an authorised person\nfor an infringement notice offence against the Heritage Act 2004\nmust include the company’s ACN.\nNote The requirement under this section is additional to the requirement under\nthe Magistrates Court Act 1930, s 121 (1) (c).\n(2) In this section:\ncompany means a company registered under the Corporations Act.\n11 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 Heritage Act 2004 must\nidentify the authorised 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.\n12 Authorised people for infringement notice offences\nAn authorised person may serve the following:\n(a) an infringement notice for an infringement notice offence\nagainst the Heritage Act 2004;\n(b) a reminder notice for an infringement notice offence against the\nHeritage Act 2004.\n\nHeritage Act 2004 infringement notice offences and penalties Schedule 1\nR1\n21/02/20\nMagistrates Court (Heritage Infringement Notices)\nRegulation 2020\nEffective: 21/02/20\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Heritage Act 2004 infringement\nnotice offences 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 74 (3) 100 1 000\n2 75 (3) 100 1 000\n\nDictionary\npage 6 Magistrates Court (Heritage Infringement Notices)\nRegulation 2020\nEffective: 21/02/20\nR1\n21/02/20\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\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• corporation\n• Corporations Act\n• director-general (see s 163)\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).\nFor example, the following terms are defined in the Magistrates Court\nAct 1930, dict:\n• administering authority\n• infringement notice\n• infringement notice offence\n• infringement notice penalty\n• reminder notice.\nauthorised person—see the Heritage Act 2004, dictionary.\n\nEndnotes\nAbout the endnotes 1\nR1\n21/02/20\nMagistrates Court (Heritage Infringement Notices)\nRegulation 2020\nEffective: 21/02/20\npage 7\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 law\nbut 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 details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined 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\n3 Legislation history\npage 8 Magistrates Court (Heritage Infringement Notices)\nRegulation 2020\nEffective: 21/02/20\nR1\n21/02/20\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nMagistrates Court (Heritage Infringement Notices) Regulation 2020\nSL2020-5\nnotified LR 20 February 2020\ns 1, s 2 commenced 20 February 2020 (LA s 75 (1))\nremainder commenced 21 February 2020 (s 2)\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\n© Australian Capital Territory 2020","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a new regulation (2020) with a tightly scoped purpose: establishing infringement notices for specific Heritage Act offences. It has not expanded beyond its original intent."},"complexity_factors":["Very short regulation (12 sections plus schedule)","Only 2 substantive offences listed in Schedule 1","Minimal defined terms (only 'company' defined; 'authorised person' signposted to Heritage Act)","Simple arithmetic for corporate penalties (5x multiplier)","No nested exceptions or conditional logic","Straightforward cross-references to parent Act (Magistrates Court Act 1930, part 3.8) and Heritage Act 2004","Single purpose instrument with no policy ambiguities"],"plain_english_summary":"This regulation creates an on‑the‑spot infringement notice regime in the ACT for certain minor heritage offences — for example damaging heritage places or breaching protection conditions — letting authorised heritage officers issue fines instead of pursuing court action. It affects property owners, developers, authorised inspectors and the administering authority, and imposes set penalties (typically $1,000 for individuals, $5,000 for corporations) plus a small late‑payment reminder fee."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This regulation narrowly implements the Magistrates Court Act infringement-notice mechanism for two specific offences in the Heritage Act 2004. It does not broaden the set of offences beyond those listed in Schedule 1, nor add new substantive offences or powers; it primarily sets penalty amounts, the corporation multiplier, a reminder fee, and simple procedural requirements for infringement and reminder notices (see sections 5–12 and Schedule 1). Therefore the instrument is consistent with its stated purpose and has not materially expanded the original scope."},"complexity_factors":["Short instrument (12 sections + short schedule)","Only 2 listed offence items in Schedule 1 (references to Heritage Act s74(3) and s75(3))","Simple penalty structure: fixed dollar amounts in Schedule 1 and single corporation multiplier (5×) in s8(2)","Minor procedural requirements for notices (identification of authorised person; company ACN)","Cross-references to other Acts for definitions and operational detail (Magistrates Court Act 1930; Heritage Act 2004; Legislation Act 2001)","Single nominal additional fee for reminder notices ($34)","Few conditional rules or nested exceptions"],"plain_english_summary":"**What this regulation does (in plain English)**\n\n- This regulation lets certain breaches of the Heritage Act 2004 be dealt with by infringement notices (a formal on-the-spot fine) instead of by prosecution in court. (See section 5.)\n\n- It lists the specific Heritage Act offences that can attract an infringement notice, and sets the dollar amount for those infringement penalties. (See section 7 and Schedule 1.)\n\n**Who it affects**\n\n- People (individuals) and companies who commit the specific offences in the Heritage Act named in Schedule 1. Those offences are references to section 74(3) and section 75(3) of the Heritage Act 2004 (Schedule 1, column 2).\n- People authorised under the Heritage Act (called \"authorised persons\") who are empowered to serve infringement and reminder notices. (See section 12 and the dictionary signpost to the Heritage Act.)\n- The director-general responsible for the Heritage Act, who is the administering authority for these infringement notice matters. (See section 6.)\n\n**Key mechanics — how it works**\n\n- Applicability: Part 3.8 of the Magistrates Court Act 1930 (the infringement notice system) applies to the named Heritage Act offences listed in Schedule 1. (Section 7.)\n\n- Penalties: For each listed offence, the infringement penalty for an individual is the dollar amount shown in Schedule 1, column 4. (Schedule 1 and section 8(1).) The regulation specifies a 5× multiplier for corporations: a corporation pays five times the individual amount under an infringement notice. (Section 8(2).) Schedule 1 gives the listed infringement penalty as $1,000 for each of the two listed items, so a corporation would pay $5,000 under the 5× rule for those items.\n\n- Reminder costs: If a reminder notice must be served, the regulation fixes the cost of serving a reminder notice at $34. (Section 8(3).)\n\n- Notice content rules: An infringement or reminder notice must identify the authorised person who served it either by the authorised person's full name (or surname and initials) or by a unique number issued by the administering authority. (Sections 9 and 11.) If the notice is served on a company, the infringement notice must include the company's ACN (Australian Company Number). (Section 10.)\n\n- Who can serve notices: An authorised person (as defined under the Heritage Act) may serve both infringement notices and reminder notices for the listed Heritage Act offences. (Section 12.)\n\n**Why it matters (practical effects and trade-offs)**\n\n- Mechanism and incentives: The regulation substitutes a civil-style penalty mechanism (infringement notices) for criminal prosecution in respect of the named Heritage Act offences. That typically lowers the transaction cost of enforcement for the administering authority and speeds enforcement, while giving the alleged offender a fixed-penalty option instead of litigation. (See section 5 and the link to Magistrates Court Act part 3.8 in section 7.)\n\n- Who pays: The monetary burden falls directly on the offender — the individual or the corporation — with corporations liable for a higher multiple (5×) of the individual penalty (section 8(2)), and a modest additional $34 charge for reminder notices (section 8(3)).\n\n- Compliance/administrative requirements: Notices must name the authorised officer (or show an issued identifier) and include a company ACN when the recipient is a company (sections 9–11, section 10(1)). The administering authority (the director-general) controls issuance of any unique numbers for authorised persons (section 9(b), 11(b), and section 6). Those procedural details create low-level administrative steps for enforcement and prove who issued a notice.\n\n- Discretion and delegation risk: The regulation relies on other Acts for definitions (the Heritage Act 2004 for ‘‘authorised person’’ and the Magistrates Court Act 1930 for the infringement system and other definitions). That means operational questions (who is authorised, how numbers are issued) are resolved outside this regulation, by the Heritage Act and the administering authority. (See the dictionary notes and section 6.)\n\n- Concentrated benefits and diffuse costs: The administering authority gains a lower-cost enforcement option; affected individuals and companies face immediate fixed penalties instead of potential court proceedings. The penalty amounts and the corporation multiplier are explicit in the Schedule and section 8.\n\n**Primary references inside the instrument**\n- Purpose: section 5\n- Administering authority: section 6\n- Applicability to offences: section 7 and Schedule 1\n- Penalties and corporate multiplier: section 8 and Schedule 1 (column 4)\n- Reminder cost: section 8(3)\n- Notice content and identification rules: sections 9–11\n- Authorised people who may serve notices: section 12\n\n(References to defined terms such as \"authorised person\", \"infringement notice\" and others are signposted to the Heritage Act 2004, the Magistrates Court Act 1930, and the Legislation Act where those definitions appear; see the Dictionary and notes.)"},"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"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/magistrates-court-heritage-infringement-notices-regulation-2020","history":"/api/acts/magistrates-court-heritage-infringement-notices-regulation-2020/history","analysis":"/api/acts/magistrates-court-heritage-infringement-notices-regulation-2020/analysis","conflicts":"/api/acts/magistrates-court-heritage-infringement-notices-regulation-2020/conflicts","importantCases":"/api/acts/magistrates-court-heritage-infringement-notices-regulation-2020/important-cases","documents":"/api/acts/magistrates-court-heritage-infringement-notices-regulation-2020/documents"}}