{"id":"sl-2004-50","name":"Magistrates Court (Litter Infringement Notices) Regulation 2004","slug":"magistrates-court-litter-infringement-notices-regulation-2004","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"50 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173497,"registerId":"act-sl-2004-50-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Magistrates Court (Litter Infringement Notices) Regulation 2004","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMagistrates Court (Litter Infringement\nNotices) Regulation 2004\nSL2004-50\nmade under the\nMagistrates Court Act 1930\nRepublication No 10\nEffective: 14 July 2023\nRepublication date: 14 July 2023\nLast amendment made by A2023-27\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 (Litter Infringement Notices) Regulation 2004,\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 14 July 2023. It also includes\nany commencement, amendment, repeal or expiry affecting this republished law to 14 July 2023.\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 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 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\nR10\n14/07/23\nMagistrates Court (Litter Infringement Notices)\nRegulation 2004\nEffective: 14/07/23\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMagistrates Court (Litter Infringement\nNotices) Regulation 2004\nmade under the\nMagistrates Court Act 1930\nContents\nPage\n1 Name of regulation 2\n2 Dictionary 2\n3 Purpose of regulation 2\n4 Notes 2\n6 Administering authority 3\n7 Infringement notice offences 3\n7A Declared offences—Act, s 117, definition of vehicle-related offence,\npar (b) 3\n8 Infringement notice penalties 3\n9 Contents of infringement notices—other information 4\n\nContents\nPage\ncontents 2 Magistrates Court (Litter Infringement Notices)\nRegulation 2004\nEffective: 14/07/23\nR10\n14/07/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10 Contents of infringement notices—identifying person serving notice 4\n11 Contents of reminder notices—identifying person serving notice 5\n12 Service of notices by authorised people 5\nSchedule 1 Litter Act 2004 infringement notice offences\nand penalties 6\nSchedule 2 Litter Act 2004 vehicle-related offences 8\nDictionary 9\nEndnotes\n1 About the endnotes 10\n2 Abbreviation key 10\n3 Legislation history 11\n4 Amendment history 13\n5 Earlier republications 15\n\nR10\n14/07/23\nMagistrates Court (Litter Infringement Notices)\nRegulation 2004\nEffective: 14/07/23\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMagistrates Court (Litter Infringement\nNotices) Regulation 2004\nmade under the\nMagistrates Court Act 1930\n\nSection 1\npage 2 Magistrates Court (Litter Infringement Notices)\nRegulation 2004\nEffective: 14/07/23\nR10\n14/07/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of regulation\nThis regulation is the Magistrates Court (Litter Infringement Notices)\nRegulation 2004.\n2 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 ‘litter—see the Litter Act 2004,\nsection 7.’ means that the term ‘litter’ is defined in that section and the\ndefinition 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)).\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 Litter 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\nsystem is intended to provide an alternative to prosecution.\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.\n\nSection 6\nR10\n14/07/23\nMagistrates Court (Litter Infringement Notices)\nRegulation 2004\nEffective: 14/07/23\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 Litter Act 2004 is the director-general for the Litter Act\n2004.\n7 Infringement notice offences\nThe Magistrates Court Act 1930, part 3.8 applies to an offence against\na provision of the Litter Act 2004 mentioned in schedule 1, column 2.\n7A Declared offences—Act, s 117, definition of\nvehicle-related offence, par (b)\n(1) An offence against a provision of the Litter Act 2004 mentioned in\nschedule 2, column 2 is declared to be an offence to which the\nMagistrates Court Act 1930, division 3.8.3 (Additional provisions for\nvehicle-related offences) applies.\n(2) However, the Magistrates Court Act 1930, division 3.8.3 does not\napply to the offence if—\n(a) the vehicle related to the commission of an offence is a public\npassenger vehicle being used to transport a passenger; and\n(b) the offence was committed by the passenger.\n(3) In this section:\npublic passenger vehicle—see the Road Transport (Public\nPassenger Services) Act 2001, dictionary.\n8 Infringement notice penalties\n(1) The penalty payable by an individual for an offence against the Litter\nAct 2004, under an infringement notice for the offence, is the amount\nmentioned in schedule 1, column 4 for the offence.\n\nSection 9\npage 4 Magistrates Court (Litter Infringement Notices)\nRegulation 2004\nEffective: 14/07/23\nR10\n14/07/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The penalty payable by a corporation for an offence against the Litter\nAct 2004, under an infringement notice for the offence, is 5 times the\namount 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 Litter Act 2004 is $34.\n9 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 Litter Act 2004 must\ninclude 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.\n10 Contents of infringement notices—identifying person\nserving notice\nAn infringement notice served on a person by an authorised person\nfor an infringement notice offence against the Litter Act 2004 must\nidentify the authorised person by—\n(a) for an authorised person who is a police officer—the police\nofficer’s service number; or\n(b) for an authorised person under the Litter Act 2004, section 14\n(Appointment of authorised people)—\n(i) the authorised person’s full name, or surname and initials;\nor\n(ii) any unique number given, for this regulation, to the\nauthorised person by the administering authority.\n\nSection 11\nR10\n14/07/23\nMagistrates Court (Litter Infringement Notices)\nRegulation 2004\nEffective: 14/07/23\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n11 Contents of reminder notices—identifying person serving\nnotice\nA reminder notice served on a person by an authorised person for an\ninfringement notice offence against the Litter Act 2004 must identify\nthe authorised person by—\n(a) for an authorised person who is a police officer—the police\nofficer’s service number; or\n(b) for an authorised person under the Litter Act 2004, section 14\n(Appointment of authorised people)—\n(i) the authorised person’s full name, or surname and initials;\nor\n(ii) any unique number given, for this regulation, to the\nauthorised person by the administering authority.\n12 Service of notices by authorised people\nA police officer or an authorised person under the Litter Act 2004,\nsection 14 (Appointment of authorised people) may serve the\nfollowing:\n(a) an infringement notice for an infringement notice offence\nagainst the Litter Act 2004;\n(b) a reminder notice for an infringement notice offence against the\nLitter Act 2004.\n\nSchedule 1 Litter Act 2004 infringement notice offences and penalties\npage 6 Magistrates Court (Litter Infringement Notices)\nRegulation 2004\nEffective: 14/07/23\nR10\n14/07/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Litter Act 2004 infringement\nnotice offences and penalties\n(see s 7 and s 8)\ncolumn 1\nitem\ncolumn 2\nprovision and, if relevant,\ncase\ncolumn 3\noffence penalty\n(pu)\ncolumn 4\ninfringement\npenalty ($)\n1 8 (1)\n1.1 • if the litter is a ticket,\nvoucher or receipt, a\nconfectionary wrapper,\ncigarette packet or a\nsimilarly small item\n10 150\n1.2 • any other litter 10 300\n2 8 (2) 10 300\n3 8 (3) 10 300\n4 9 (2) 50 500\n5 9B\n5.1 • level 1—1L or more of\nlitter but less than 10L\n20 500\n5.2 • level 2—10L or more of\nlitter but less than 200L\n35 1 000\n5.3 • level 3—200L or more of\nlitter\n50 1 500\n6 10 (1) 50 500\n7 11 (1) 50 1 500\n8 11 (2) 50 1 500\n9 11A 20 500\n10 13 (1) 20 200\n11 13 (3) 20 200\n\nLitter Act 2004 infringement notice offences and penalties Schedule 1\nR10\n14/07/23\nMagistrates Court (Litter Infringement Notices)\nRegulation 2004\nEffective: 14/07/23\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ncolumn 1\nitem\ncolumn 2\nprovision and, if relevant,\ncase\ncolumn 3\noffence penalty\n(pu)\ncolumn 4\ninfringement\npenalty ($)\n12 20 (3) 20 300\n13 21 (5) 20 300\n14 24D (3) 10 150\n15 24E (1) 10 200\n16 24F (3) 10 20\n17 24N (1) 5 60\n18 24Q (1) 20 300\n\nSchedule 2 Litter Act 2004 vehicle-related offences\npage 8 Magistrates Court (Litter Infringement Notices)\nRegulation 2004\nEffective: 14/07/23\nR10\n14/07/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 2 Litter Act 2004 vehicle-related\noffences\n(see s 7A)\ncolumn 1\nitem\ncolumn 2\nvehicle-related offences\n1 8 (1)\n2 8 (2)\n3 8 (3)\n4 9 (2)\n5 9B (1)\n6 9B (2)\n7 10 (1)\n8 11 (1)\n9 11 (2)\n\nDictionary\nR10\n14/07/23\nMagistrates Court (Litter Infringement Notices)\nRegulation 2004\nEffective: 14/07/23\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\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). 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.\nlevel—see the Litter Act 2004, section 7A.\nlitter—see the Litter Act 2004, section 7.\n\nEndnotes\n1 About the endnotes\npage 10 Magistrates Court (Litter Infringement Notices)\nRegulation 2004\nEffective: 14/07/23\nR10\n14/07/23\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\nLegislation history 3\nR10\n14/07/23\nMagistrates Court (Litter Infringement Notices)\nRegulation 2004\nEffective: 14/07/23\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis regulation was originally the Magistrates Court (Litter Infringement Notices)\nRegulations 2004. It was renamed under the Legislation Act 2001.\nMagistrates Court (Litter Infringement Notices) Regulation 2004\nSL2004-50\nnotified LR 23 September 2004\ns 1, s 2 commenced 23 September 2004 (LA s 75 (1))\nremainder commenced 30 September 2004 (s 2 and see Litter Act\n2004 A2004-47, s 2 and CN2004-22)\nas amended by\nMagistrates Court (Litter Infringement Notices) Amendment\nRegulation 2005 (No 1) SL2005-9\nnotified LR 5 May 2005\ns 1, s 2 commenced 5 May 2005 (LA s 75 (1))\nremainder commenced 6 May 2005 (s 2)\nDangerous Substances and Litter (Dumping) Legislation Amendment\nAct 2009 A2009-1 pt 4\nnotified LR 17 February 2009\ns 1, s 2 commenced 17 February 2009 (LA s 75 (1))\npt 4 commenced 17 August 2009 (s 2 and LA s 79)\nLitter (Shopping Trolleys) Amendment Act 2010 A2010-34 s 6\nnotified LR 2 September 2010\ns 1, s 2 commenced 2 September 2010 (LA s 75 (1))\ns 6 commenced 2 March 2011 (s 2 and LA s 79)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.104\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.104 commenced 1 July 2011 (s 2 (1))\nEmergencies Amendment Act 2014 A2014-50 s 24\nnotified LR 10 November 2014\ns 1, s 2 commenced 10 November 2014 (LA s 75 (1))\ns 24 commenced 11 November 2014 (s 2)\n\nEndnotes\n3 Legislation history\npage 12 Magistrates Court (Litter Infringement Notices)\nRegulation 2004\nEffective: 14/07/23\nR10\n14/07/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nStatute Law Amendment Act 2015 A2015-15 sch 3 pt 3.28\nnotified LR 27 May 2015\ns 1, s 2 commenced 27 May 2015 (LA s 75 (1))\nsch 3 pt 3.28 commenced 10 June 2015 (s 2)\nLitter Legislation Amendment Act 2019 A2019-39 pt 3\nnotified LR 31 October 2019\ns 1, s 2 commenced 31 October 2019 (LA s 75 (1))\npt 3 commenced 1 November 2019 (s 2 (1))\nTransport Canberra and City Services Legislation Amendment\nAct 2023 A2023-27 sch 1\nnotified LR 7 July 2023\ns 1, s 2 commenced 7 July 2023 (LA s 75 (1))\nsch 1 commenced 14 July 2023 (s 2)\n\nEndnotes\nAmendment history 4\nR10\n14/07/23\nMagistrates Court (Litter Infringement Notices)\nRegulation 2004\nEffective: 14/07/23\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nName of regulation\ns 1 am R2 LA\nDictionary\ns 2 om LA s 89 (4)\nins A2019-39 s 39\nPurpose of regulation\ns 3 am A2019-39 s 45\nMeaning of Litter Act\ns 5 om A2019-39 s 40\nAdministering authority\ns 6 am A2011-22 amdt 1.318; A2019-39 s 45\nInfringement notice offences\ns 7 am A2019-39 s 45\nDeclared offences—Act, s 117, definition of vehicle-related offence, par (b)\ns 7A ins A2019-39 s 41\nInfringement notice penalties\ns 8 am A2019-39 s 45\nContents of infringement notices—other information\ns 9 am A2019-39 s 45\nContents of infringement notices—identifying person serving notice\ns 10 sub SL2005-9 s 4\nam A2019-39 s 45\nContents of reminder notices—identifying person serving notice\ns 11 sub SL2005-9 s 4\nam A2019-39 s 45\nService of notices by authorised people\ns 12 sub SL2005-9 s 4\nam A2015-15 amdt 3.111, amdt 3.112; A2019-39 s 45\nLitter Act 2004 infringement notice offences and penalties\nsch 1 am A2009-1 s 23; A2010-34 s 6; A2014-50 s 24; items renum\nR7 LA\nsub A2019-39 s 42\nam A2023-27 amdt 1.1\nLitter Act 2004 vehicle-related offences\nsch 2 ins A2019-39 s 43\n\nEndnotes\n4 Amendment history\npage 14 Magistrates Court (Litter Infringement Notices)\nRegulation 2004\nEffective: 14/07/23\nR10\n14/07/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\ndict ins A2019-39 s 44\ndef level ins A2019-39 s 44\ndef litter ins A2019-39 s 44\n\nEndnotes\nEarlier republications 5\nR10\n14/07/23\nMagistrates Court (Litter Infringement Notices)\nRegulation 2004\nEffective: 14/07/23\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\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 are\nmarked 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\n30 Sept 2004\n30 Sept 2004–\n1 Nov 2004\nnot amended new regulation\nR2\n2 Nov 2004\n2 Nov 2004–\n5 May 2005\nnot amended editorial\namendments under\nLegislation Act\nR3\n6 May 2005\n6 May 2005–\n16 Aug 2009\nSL2005-9 amendments by\nSL2005-9\nR4\n17 Aug 2009\n17 Aug 2009–\n1 Mar 2011\nA2009-1 amendments by\nA2009-1\nR5\n2 Mar 2011\n2 Mar 2011–\n30 June 2011\nA2010-34 amendments by\nA2010-34\nR6\n1 July 2011\n1 July 2011–\n10 Nov 2014\nA2011-22 amendments by\nA2011-22\nR7\n11 Nov 2014\n11 Nov 2014–\n9 June 2015\nA2014-50 amendments by\nA2014-50\nR8\n10 June 2015\n10 June 2015–\n31 Oct 2019\nA2015-15 amendments by\nA2015-15\nR9\n1 Nov 2019\n1 Nov 2019–\n13 July 2023\nA2019-39 amendments by\nA2019-39\n© Australian Capital Territory 2023","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation retains its original, narrow purpose: to implement an infringement-notice pathway (an administrative alternative to prosecution) for specified offences under the Litter Act 2004 (s 3). Subsequent amendments have adjusted implementation details — adding vehicle-related declarations (s 7A and Sch 2), setting or varying infringement amounts in Schedule 1, prescribing identification and company information requirements (ss 9–11), and fixing reminder costs — but these are refinements of enforcement mechanics rather than a substantial broadening of the law’s subject-matter. In short, the instrument has been updated and refined, but it has not grown significantly beyond its original function of specifying how infringement notices operate for litter offences."},"complexity_factors":["Short instrument: 12 numbered sections plus 2 schedules and a short dictionary","Schedules enumerate multiple offences and tiered penalties (Schedule 1 has 18 items with different amounts and volume-based tiers for dumping — items 5.1–5.3)","Cross-references to other Acts: Magistrates Court Act 1930 (infringement scheme), Litter Act 2004 (definitions and offence provisions), Corporations Act (company/ACN) and Road Transport (Public Passenger Services) Act 2001 (definition of public passenger vehicle)","Special vehicle-related declaration with a carved-out exception (s 7A and Schedule 2)","Different penalty rules for individuals and corporations (s 8(1)–(2)) — corporate penalty is explicitly 5× individual amount","Operational prescripts for notice content and identification (ss 9–11) including requirement for ACN and authorised person identifiers","Fixed ancillary charge: set $34 cost for serving a reminder notice (s 8(3))","Reliance on externally defined graded terms (e.g. 'level' as defined in Litter Act) so understanding requires reading the Litter Act","Amendment history present (multiple amendments since 2004) but changes are mostly technical or implementation-focused"],"plain_english_summary":"**What this regulation does, in simple terms**\n\n- This regulation sets out how infringement (on-the-spot) notices work for certain litter offences under the Litter Act 2004. It implements the Magistrates Court Act 1930 system of infringement notices as an alternative to taking people to court (see s 3).\n\n- It lists which Litter Act offences can be dealt with by infringement notice and the dollar amounts for those fines (Schedule 1; see s 7 and s 8). Examples: small items like a confectionery wrapper have a $150 infringement fine (item 1.1, Sch 1); dumping large volumes can attract fines up to $1,500 (items 5.2–5.3, Sch 1).\n\n- It names the administering authority for these infringement notices as the director-general responsible for the Litter Act (s 6). That office runs the system, including assigning any unique numbers to authorised officers if used (ss 10–11).\n\n**Who enforces and serves notices**\n\n- Notices may be served by police officers or by people appointed as authorised officers under the Litter Act (s 12).\n\n- An infringement or reminder notice must identify the authorised person who served it. If the server is a police officer, the officer’s service number must be shown; if an authorised Litter Act officer, the notice must show the officer’s full name (or surname and initials) or a unique number given by the administering authority (ss 10–11).\n\n**Who pays and how much**\n\n- The fines listed in Schedule 1 are the amounts payable by an individual under an infringement notice (s 8(1)).\n\n- If the offender is a corporation, the infringement penalty is five times the listed individual amount (s 8(2)).\n\n- If an infringement notice is not paid and a reminder notice needs to be served, the cost of serving that reminder is set at $34 (s 8(3)).\n\n- When a company is served with an infringement notice, the company’s Australian Company Number (ACN) must be included on the notice (s 9).\n\n**Vehicle-related offences and an exception**\n\n- A subset of the listed offences are declared to be “vehicle-related” for the purposes of extra Magistrates Court rules that apply to vehicle-related offences (s 7A and Schedule 2).\n\n- There is a specific exception: the vehicle-related rules do not apply where the vehicle is a public passenger vehicle (for example, certain buses or taxis defined in the Road Transport (Public Passenger Services) Act 2001) being used to transport a passenger, and the offence was committed by that passenger (s 7A(2)).\n\n**Why the regulation matters (stated purpose and practical effect)**\n\n- The stated purpose is to provide a practical, administratively managed way to deal with Litter Act offences through infringement notices rather than court prosecutions (s 3). Mechanically, it does this by:\n  - naming which offences are eligible (Sch 1);\n  - fixing the infringement amounts for individuals and corporations (s 8 and Sch 1);\n  - prescribing who may serve notices and what identifying information must appear on them (ss 10–12);\n  - and specifying an administering authority responsible for the system (s 6).\n\n**Costs, incentives and operational implications**\n\n- Who pays: offenders (individuals or corporations). Corporations face proportionally larger costs because the corporate amount is 5 times the individual penalty (s 8(2)). That creates a stronger financial incentive for corporate defendants to avoid fines or to control behaviour that leads to fines.\n\n- Who decides and administers: the director-general named as the administering authority (s 6) controls operational details such as issuing unique numbers for authorised officers, and police/authorised officers decide on-the-spot whether to serve an infringement notice (ss 10–12).\n\n- Compliance and administrative burden: authorised officers must be able to identify themselves in the precise way required on the notice (ss 10–11). Companies must be identified by ACN on notices served to them (s 9), and the administering authority must maintain whatever unique-numbering system it adopts.\n\n- Trade-offs and risks: the regulation keeps the scope narrowly focused on implementing infringement notices rather than changing the underlying criminal rules. It relies on definitions and grading (for example \"level\" and \"litter\") in the Litter Act and on procedural provisions in the Magistrates Court Act, so practical operation depends on cross-Act coordination (see dictionary and s 7). The vehicle-related designation (s 7A and Sch 2) brings additional court-related rules into play for some offences but excludes one household case (passenger on a public passenger vehicle), which changes how certain incidents are dealt with.\n\n**Implementation notes**\n\n- The regulation is compact: the offence list and fine amounts are in Schedule 1, and vehicle-related items are in Schedule 2. Several key terms (for example, \"litter\" and \"level\") are defined in the Litter Act and used here by reference (dictionary).\n\n- The model is an administrative enforcement pathway: authorised officers or police issue infringement notices at the time or following detection; the administering authority and courts have defined roles if matters progress further (ss 3, 6, 7, 12).\n\n(Referenced sections are to the Magistrates Court (Litter Infringement Notices) Regulation 2004: s 3 (purpose), s 6 (administering authority), s 7 and Sch 1 (offences and penalties), s 7A and Sch 2 (vehicle-related offences), s 8 (infringement penalties), s 9 (company ACN requirement), ss 10–12 (identification and service), dictionary references.)"},"issue_detection":{"absurdities":[],"contradictions":[]},"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":3,"scope_assessment":{"changed":false,"description":"The regulation remains tightly focused on its original purpose: establishing infringement notice procedures for littering offences. While it has been amended multiple times since 2004 (including updates to penalty amounts and the addition of vehicle-related offence provisions in 2019), these changes reflect natural evolution of the underlying Litter Act rather than scope creep. The 2019 amendments added Schedule 2 for vehicle-related offences, but this was a logical extension of the existing framework rather than a fundamental expansion beyond the regulation's core purpose."},"complexity_factors":["Short regulation — only 12 substantive sections plus 2 schedules","Minimal defined terms — only 2 unique definitions in the dictionary ('level' and 'litter'), with most terms imported by reference from other Acts","Simple structure — offence provisions listed in tabular format in Schedule 1 with corresponding penalties","Limited conditional logic — only one substantive exception (section 7A(2) excluding public passenger vehicles where the passenger committed the offence)","Heavy reliance on external legislation — meaning depends on understanding the Magistrates Court Act 1930, Litter Act 2004, and other referenced statutes","No nested exceptions or complex cross-referencing within the regulation itself"],"plain_english_summary":"This regulation creates an on-the-spot infringement notice system for littering in the ACT, specifying which Litter Act offences can be fined and setting penalties from $60 (minor litter) to $1,500 (large dumping), with corporations liable at five times the individual rate. It also covers vehicle-related offences, required notice information, and who may serve notices (police and authorised litter officers). It affects individuals, companies and enforcement officers and provides a quicker, lower-cost alternative to court to deter littering."}},"importantCases":[],"_links":{"self":"/api/acts/magistrates-court-litter-infringement-notices-regulation-2004","history":"/api/acts/magistrates-court-litter-infringement-notices-regulation-2004/history","analysis":"/api/acts/magistrates-court-litter-infringement-notices-regulation-2004/analysis","conflicts":"/api/acts/magistrates-court-litter-infringement-notices-regulation-2004/conflicts","importantCases":"/api/acts/magistrates-court-litter-infringement-notices-regulation-2004/important-cases","documents":"/api/acts/magistrates-court-litter-infringement-notices-regulation-2004/documents"}}