{"id":"sl-2020-2","name":"Magistrates Court (Long Service Leave Portable Schemes Infringement Notices) Regulation 2020","slug":"magistrates-court-long-service-leave-portable-schemes-infringement-notices-regulation-2020","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"2 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173499,"registerId":"act-sl-2020-2-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Magistrates Court (Long Service Leave Portable Schemes Infringement Notices) Regulation 2020","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMagistrates Court (Long Service Leave\nPortable Schemes Infringement Notices)\nRegulation 2020\nSL2020-2\nmade under the\nMagistrates Court Act 1930\nRepublication No 1\nEffective: 21 January 2020\nRepublication date: 21 January 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 (Long Service Leave Portable Schemes\nInfringement Notices) Regulation 2020, made under the Magistrates Court Act 1930 (including\nany amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force\non 21 January 2020. It also includes any commencement, repeal or expiry affecting this\nrepublished 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\n21/01/20\nMagistrates Court (Long Service Leave Portable\nSchemes Infringement Notices) Regulation 2020\nEffective: 21/01/20\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMagistrates Court (Long Service Leave\nPortable Schemes Infringement Notices)\nRegulation 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 2\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\n\nContents\nPage\ncontents 2 Magistrates Court (Long Service Leave Portable\nSchemes Infringement Notices) Regulation 2020\nEffective: 21/01/20\nR1\n21/01/20\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n11 Contents of reminder notices—identifying authorised person 4\n12 Authorised people for infringement notice offences 4\nSchedule 1 Long Service Leave (Portable Schemes)\nAct 2009 infringement notice offences and\npenalties 5\nDictionary 6\nEndnotes\n1 About the endnotes 7\n2 Abbreviation key 7\n3 Legislation history 8\n4 Amendment history 8\n\nR1\n21/01/20\nMagistrates Court (Long Service Leave Portable\nSchemes Infringement Notices) Regulation 2020\nEffective: 21/01/20\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMagistrates Court (Long Service Leave\nPortable Schemes Infringement Notices)\nRegulation 2020\nmade under the\nMagistrates Court Act 1930\n\nSection 1\npage 2 Magistrates Court (Long Service Leave Portable\nSchemes Infringement Notices) Regulation 2020\nEffective: 21/01/20\nR1\n21/01/20\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of regulation\nThis regulation is the Magistrates Court (Long Service Leave\nPortable Schemes Infringement Notices) 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.\nNote 2 A definition in the dictionary applies to the entire regulation unless the\ndefinition, or another provision of the regulation, provides otherwise or\nthe contrary intention otherwise appears (see Legislation Act, s 155 and\ns 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 Long Service Leave (Portable Schemes) Act 2009.\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.\n6 Administering authority\nThe administering authority for an infringement notice offence\nagainst the Long Service Leave (Portable Schemes) Act 2009 is the\nregistrar of the Long Service Leave Authority.\n\nSection 7\nR1\n21/01/20\nMagistrates Court (Long Service Leave Portable\nSchemes Infringement Notices) Regulation 2020\nEffective: 21/01/20\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n7 Infringement notice offences\nThe Magistrates Court Act 1930, part 3.8 applies to an offence against\na provision of the Long Service Leave (Portable Schemes) Act 2009\nmentioned in schedule 1, column 2.\n8 Infringement notice penalties\n(1) The penalty payable by an individual for an offence against the Long\nService Leave (Portable Schemes) Act 2009, under an infringement\nnotice for the offence, is the amount mentioned in schedule 1,\ncolumn 4 for the offence.\n(2) The penalty payable by a corporation for an offence against the Long\nService Leave (Portable Schemes) Act 2009, under an infringement\nnotice for the offence, is 5 times the amount mentioned in schedule 1,\ncolumn 4 for the offence.\n(3) The cost of serving a reminder notice for an infringement notice\noffence against the Long Service Leave (Portable Schemes) Act 2009\nis $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 Long Service Leave\n(Portable Schemes) Act 2009 must identify the authorised person\nby—\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 (Long Service Leave Portable\nSchemes Infringement Notices) Regulation 2020\nEffective: 21/01/20\nR1\n21/01/20\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 Long Service Leave\n(Portable Schemes) Act 2009 must 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 Long Service Leave (Portable\nSchemes) Act 2009 must identify 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\nA person appointed under the Long Service Leave (Portable Schemes)\nAct 2009, section 71 (Appointment of inspectors) may serve the\nfollowing:\n(a) an infringement notice for an infringement notice offence\nagainst the Long Service Leave (Portable Schemes) Act 2009;\n(b) a reminder notice for an infringement notice offence against the\nLong Service Leave (Portable Schemes) Act 2009.\n\nLong Service Leave (Portable Schemes) Act 2009 infringement notice\noffences and penalties\nSchedule 1\nR1\n21/01/20\nMagistrates Court (Long Service Leave Portable\nSchemes Infringement Notices) Regulation 2020\nEffective: 21/01/20\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Long Service Leave (Portable\nSchemes) Act 2009\ninfringement notice offences\nand 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 31 50 1 600\n2 36 5 160\n3 49 20 640\n4 57 (1) 20 640\n5 57 (2) 20 640\n6 58 (1) 20 640\n7 58 (2) 20 640\n8 63 (2) 20 640\n9 1.7 (1) 50 1 600\n10 1.7 (3) 50 1 600\n11 2.7 (1) 50 1 600\n12 2.7 (3) 50 1 600\n13 3.8 (1) 50 1 600\n14 3.8 (3) 50 1 600\n15 4.8 (1) 50 1 600\n16 4.8 (3) 50 1 600\n\nDictionary\npage 6 Magistrates Court (Long Service Leave Portable\nSchemes Infringement Notices) Regulation 2020\nEffective: 21/01/20\nR1\n21/01/20\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• 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• infringement notice penalty\n• reminder notice.\nLong Service Leave Authority means the Long Service Leave\nAuthority established under the Long Service Leave (Portable\nSchemes) Act 2009, section 79A.\n\nEndnotes\nAbout the endnotes 1\nR1\n21/01/20\nMagistrates Court (Long Service Leave Portable\nSchemes Infringement Notices) Regulation 2020\nEffective: 21/01/20\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 (Long Service Leave Portable\nSchemes Infringement Notices) Regulation 2020\nEffective: 21/01/20\nR1\n21/01/20\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nMagistrates Court (Long Service Leave Portable Schemes\nInfringement Notices) Regulation 2020 SL2020-2\nnotified LR 20 January 2020\ns 1, s 2 commenced 20 January 2020 (LA s 75 (1))\nremainder commenced 21 January 2020 (s 2)\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\n© Australian Capital Territory 2020","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This regulation does not expand the substantive scope of the Long Service Leave (Portable Schemes) Act 2009; it implements a procedural enforcement mechanism already provided for in the Magistrates Court Act 1930 (pt 3.8). It lists which existing offences may attract infringement notices, fixes dollar amounts (and a corporate multiplier), designates the administering authority (the registrar) and prescribes notice content and who may serve notices. Those are procedural and administrative details rather than a substantive broadening of the underlying Act’s offences or powers."},"complexity_factors":["Short regulation (12 substantive sections plus a schedule and a short dictionary)","16 specific offence items listed in schedule 1 with fixed dollar penalties","Cross-references to 2 external Acts: Magistrates Court Act 1930 (part 3.8) and Long Service Leave (Portable Schemes) Act 2009 (offence provisions and s 71)","Corporate penalty multiplier (5x) introduces a simple calculation step (s 8(2))","Separate fixed reminder-service cost of $34 (s 8(3))","Requirements for notice content (identification options and ACN requirement) add minor procedural detail (ss 9–11)","Dictionary ties in 'Long Service Leave Authority' and relies on defined terms from other Acts (Legislation Act and Magistrates Court Act)"],"plain_english_summary":"**What this regulation does (mechanically)\n\n- It makes a simple, procedural rule that certain breaches of the Long Service Leave (Portable Schemes) Act 2009 can be dealt with by infringement notices (on-the-spot fines) instead of court prosecution (see s 5 and s 7).\n- It names who runs the infringement scheme: the registrar of the Long Service Leave Authority is the administering authority (s 6; Dictionary).\n- It lists the specific offence provisions from the Long Service Leave (Portable Schemes) Act 2009 that are eligible for infringement notices and fixes a dollar amount for each infringement (schedule 1, and s 8). The schedule shows 16 listed offence provisions and the corresponding dollar penalties.\n- It sets different penalty rules for individuals and corporations: the dollar amounts in the schedule apply to individuals; corporations pay five times the listed amount (s 8(1)–(2)).\n- It fixes the cost to be charged for serving a reminder notice about an unpaid infringement as $34 (s 8(3)).\n- It prescribes what must appear on an infringement notice and on a reminder notice when an authorised person serves them: the authorised person must be identified by full name or initials plus surname, or by a unique number given by the administering authority (s 9, s 11).\n- If the notice is served on a company, the infringement notice must include the company’s Australian Company Number (ACN) (s 10).\n- It specifies who may serve infringement and reminder notices: people appointed as inspectors under s 71 of the Long Service Leave (Portable Schemes) Act 2009 (s 12).\n\nWhy this regulation exists (official purpose and how that plays out)\n\n- The regulation’s stated purpose is to provide for infringement notices under the Magistrates Court Act 1930 as an alternative to prosecuting certain offences under the Long Service Leave (Portable Schemes) Act 2009 (s 5). That purpose is implemented by: (a) identifying which offences may attract an infringement notice (s 7, schedule 1); (b) fixing the infringement penalties in dollars (s 8 and schedule 1); and (c) setting administrative details (who serves notices, what must be on them, and reminder costs) (ss 6, 9–12).\n\nPractical effects, incentives and trade-offs (testing the purpose against costs and incentives)\n\n- Who pays: people or companies who commit the listed contraventions face the infringement amount (schedule 1). Corporations pay five times the individual amount (s 8(2)). If a notice goes unpaid, a $34 reminder cost may be added (s 8(3)).\n- Who decides and enforces: the Long Service Leave Authority (through its registrar) administers the infringement scheme (s 6, Dictionary). Inspectors appointed under s 71 of the Long Service Leave (Portable Schemes) Act 2009 may serve both infringement and reminder notices (s 12). The registrar also issues any unique identifying numbers for authorised persons (s 9, s 11).\n- Behavioural incentives: the availability of an infringement notice gives an alternative to prosecution that is quicker and administratively simpler for the regulator and may prompt faster compliance by the recipient. The higher corporate multiplier (x5) increases the financial incentive for corporations to comply or to contest the matter before it reaches infringement stage.\n- Compliance burden: recipients must check notices for required information (authorised person identity; ACN for companies) and decide whether to pay, dispute, or seek legal advice. Businesses will need to track and manage any infringement or reminder notices they receive.\n- Implementation and administrative risks: the scheme depends on accurate identification of the authorised person (s 9, s 11) and correct recording of company ACNs (s 10). The administering authority has procedural discretion (for example to allocate unique numbers to inspectors), which requires internal processes for consistency and record-keeping.\n- Trade-offs compared with prosecution: infringement notices reduce tribunal/court time and the regulator’s prosecution costs (this is the policy rationale stated in the Magistrates Court Act 1930, pt 3.8, referenced in the notes). That shifts the decision point to the recipient (pay or contest) and may produce quicker revenue/closure for the regulator, but also means fewer matters are litigated and fewer judicial determinations of legal questions.\n\nKey provisions to look up in the Acts cited\n\n- Schedule 1 (listed offence provisions and dollar penalties).\n- Sections 5–12 of this regulation for purpose, administering authority, content and service rules.\n- Magistrates Court Act 1930, part 3.8 for the operation of the infringement notice system.\n- Long Service Leave (Portable Schemes) Act 2009, especially s 71 (appointment of inspectors) and the offence provisions listed in schedule 1.\n\nConcrete citations: purpose (s 5); administering authority (s 6; Dictionary); offence application (s 7); penalty amounts and corporate multiplier (s 8 and schedule 1); notice contents and identification (ss 9–11); authorised servers (s 12).\n"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a new regulation (2020) that performs a narrow, specific function: establishing infringement notice procedures for an existing Act. It has not expanded beyond its original purpose of providing administrative enforcement mechanisms for long service leave offences."},"complexity_factors":["Very short regulation (only 12 substantive sections plus a schedule)","Minimal defined terms (only 1 unique definition: 'Long Service Leave Authority')","Simple structure: purpose, administering authority, offences, penalties, notice contents, authorised persons","No nested exceptions or conditional logic","Cross-references limited to the parent Magistrates Court Act and the Long Service Leave (Portable Schemes) Act","Schedule 1 is a straightforward table mapping offence provisions to penalty amounts","No amendments or complex legislative history"],"plain_english_summary":"This regulation creates an infringement‑notice (on‑the‑spot fine) scheme for certain breaches of the Long Service Leave (Portable Schemes) Act 2009, letting authorised inspectors issue fines instead of pursuing court prosecutions. It affects ACT construction employers, inspectors and the Long Service Leave Authority, and sets monetary penalties (with higher corporate rates) plus reminder fees. The change speeds enforcement, encourages compliance and reduces court load."}},"importantCases":[],"_links":{"self":"/api/acts/magistrates-court-long-service-leave-portable-schemes-infringement-notices-regulation-2020","history":"/api/acts/magistrates-court-long-service-leave-portable-schemes-infringement-notices-regulation-2020/history","analysis":"/api/acts/magistrates-court-long-service-leave-portable-schemes-infringement-notices-regulation-2020/analysis","conflicts":"/api/acts/magistrates-court-long-service-leave-portable-schemes-infringement-notices-regulation-2020/conflicts","importantCases":"/api/acts/magistrates-court-long-service-leave-portable-schemes-infringement-notices-regulation-2020/important-cases","documents":"/api/acts/magistrates-court-long-service-leave-portable-schemes-infringement-notices-regulation-2020/documents"}}