{"id":"sl-2010-50","name":"Magistrates Court (Smoke-Free Public Places Infringement Notices) Regulation 2010","slug":"magistrates-court-smoke-free-public-places-infringement-notices-regulation-2010","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"50 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173520,"registerId":"act-sl-2010-50-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Magistrates Court (Smoke-Free Public Places Infringement Notices) Regulation 2010","content":"Australian Capital Territory\nMagistrates Court (Smoke-Free Public\nPlaces Infringement Notices) Regulation\n2010\nSL2010-50\nmade under the\nMagistrates Court Act 1930\nRepublication No 5\nEffective: 18 March 2016\nRepublication date: 18 March 2016\nLast amendment made by A2016-17\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 (Smoke-Free Public Places Infringement\nNotices) Regulation 2010, made under the Magistrates Court Act 1930 (including any\namendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on\n18 March 2016. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 18 March 2016.\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 includes 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\n18/03/16\nMagistrates Court (Smoke-Free Public Places\nInfringement Notices) Regulation 2010\nEffective: 18/03/16\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMagistrates Court (Smoke-Free Public\nPlaces Infringement Notices) Regulation\n2010\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 (Smoke-Free Public Places\nInfringement Notices) Regulation 2010\nEffective: 18/03/16\nR5\n18/03/16\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 Smoke-Free Act infringement notice offences\nand penalties 5\nDictionary 6\nEndnotes\n1 About the endnotes 7\n2 Abbreviation key 7\n3 Legislation history 8\n4 Amendment history 9\n5 Earlier republications 9\n\nR5\n18/03/16\nMagistrates Court (Smoke-Free Public Places\nInfringement Notices) Regulation 2010\nEffective: 18/03/16\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMagistrates Court (Smoke-Free Public\nPlaces Infringement Notices) Regulation\n2010\nmade under the\nMagistrates Court Act 1930\n\nSection 1\npage 2 Magistrates Court (Smoke-Free Public Places\nInfringement Notices) Regulation 2010\nEffective: 18/03/16\nR5\n18/03/16\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of regulation\nThis regulation is the Magistrates Court (Smoke-Free Public Places\nInfringement Notices) Regulation 2010.\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\nthis regulation.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of\nnotes.\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 Smoke-Free 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.\n6 Administering authority\nThe administering authority for an infringement notice offence\nagainst the Smoke-Free Act is the director-general for that Act.\n\nSection 7\nR5\n18/03/16\nMagistrates Court (Smoke-Free Public Places\nInfringement Notices) Regulation 2010\nEffective: 18/03/16\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\nagainst a provision of the Smoke-Free Act mentioned in schedule 1,\ncolumn 2.\n8 Infringement notice penalties\n(1) The penalty payable by an individual for an offence against the\nSmoke-Free 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\nSmoke-Free Act, 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 Smoke-Free Act 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 Smoke-Free Act 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 any other authorised person—\n(i) the person’s full name, or surname and initials; or\n(ii) any unique number given, for this regulation, to the\nperson by the administering authority.\n\nSection 10\npage 4 Magistrates Court (Smoke-Free Public Places\nInfringement Notices) Regulation 2010\nEffective: 18/03/16\nR5\n18/03/16\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\nperson for an infringement notice offence against the Smoke-Free\nAct must include 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(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 Smoke-Free Act 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 any other authorised person—\n(i) the person’s full name, or surname and initials; or\n(ii) any unique number given, for this regulation, to the\nperson by the administering authority.\n12 Authorised people for infringement notice offences\nAn inspector may serve the following:\n(a) an infringement notice for an infringement notice offence\nagainst the Smoke-Free Act;\n(b) a reminder notice for an infringement notice offence against\nthe Smoke-Free Act.\n\nSmoke-Free Act infringement notice offences and penalties Schedule 1\nR5\n18/03/16\nMagistrates Court (Smoke-Free Public Places\nInfringement Notices) Regulation 2010\nEffective: 18/03/16\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Smoke-Free Act 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\npenalty ($)\n1 6 (1) 5 110\n2 7 (1) 20 440\n3 8 (1) 10 220\n4 9B (1) 5 110\n5 9C (1) 20 440\n6 9D (1) 10 220\n7 9E (1) 20 440\n8 9E (2) 20 440\n9 9F (8) 50 1 000\n10 9G (1) 50 1 000\n11 9H (1) 50 1 000\n12 9J (3) 50 1 000\n13 9Q (5) 50 1000\n14 9R (1) 50 1000\n15 9S (2) 50 1000\n16 9T (1) 5 110\n17 9U (1) 20 440\n18 9V (2) 5 110\n19 18 (4) 10 220\n\nDictionary\npage 6 Magistrates Court (Smoke-Free Public Places\nInfringement Notices) Regulation 2010\nEffective: 18/03/16\nR5\n18/03/16\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\n police officer.\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.\ninspector means an inspector under the Smoke-Free Act, section 10\n(Inspectors).\nSmoke-Free Act means the Smoke-Free Public Places Act 2003.\n\nEndnotes\nAbout the endnotes 1\nR5\n18/03/16\nMagistrates Court (Smoke-Free Public Places\nInfringement Notices) Regulation 2010\nEffective: 18/03/16\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\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\n3 Legislation history\npage 8 Magistrates Court (Smoke-Free Public Places\nInfringement Notices) Regulation 2010\nEffective: 18/03/16\nR5\n18/03/16\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nMagistrates Court (Smoke-Free Public Places Infringement Notices)\nRegulation 2010 SL2010-50\nnotified LR 7 December 2010\ns 1, s 2 commenced 7 December 2010 (LA s 75 (1))\nremainder commenced 9 December 2010 (s 2)\nas amended by\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.108\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.108 commenced 1 July 2011 (s 2 (1))\nStatute Law Amendment Act 2013 A2013-19 sch 3 pt 3.29\nnotified LR 24 May 2013\ns 1, s 2 commenced 24 May 2013 (LA s 75 (1))\nsch 3 pt 3.29 commenced 14 June 2013 (s 2)\nStatute Law Amendment Act 2015 A2015-15 sch 3 pt 3.37\nnotified LR 27 May 2015\ns 1, s 2 commenced 27 May 2015 (LA s 75 (1))\nsch 3 pt 3.37 commenced 10 June 2015 (s 2)\nSmoke-Free Public Places Amendment Act 2016 A2016-17 s 10\nnotified LR 17 March 2016\ns 1, s 2 commenced 17 March 2016 (LA s 75 (1))\ns 10 commenced 18 March 2016 (s 2)\n\nEndnotes\nAmendment history 4\nR5\n18/03/16\nMagistrates Court (Smoke-Free Public Places\nInfringement Notices) Regulation 2010\nEffective: 18/03/16\npage 9\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)\nAdministering authority\ns 6 am A2011-22 amdt 1.322, A2013-19 amdt 3.210\nAuthorised people for infringement notice offences\ns 12 am A2015-15 amdt 3.129, amdt 3.130\nSmoke-Free Act infringement notice offences and penalties\nsch 1 am A2016-17 s10; items renum R5 LA\nDictionary\ndict am A2011-22 amdt 1.323, amdt 1.324\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\n9 Dec 2010\n9 Dec 2010–\n30 June 2011\nnot amended new regulation\nR2\n1 July 2011\n1 July 2011–\n13 June 2013\nA2011-22 amendments by\nA2011-22\nR3\n14 June 2013\n14 June 2013–\n9 June 2015\nA2013-19 amendments by\nA2013-19\nR4\n10 June 2015\n10 June 2015–\n17 Mar 2016\nA2015-15 amendments by\nA2015-15\n© Australian Capital Territory 2016","sortOrder":0}],"analysis":{"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument has been amended several times. Amendment history records changes to the administering authority (s 6), authorised people for serving notices (s 12), and schedule 1 (offences and penalties) (see amendment history entries: A2011-22, A2013-19, A2015-15, A2016-17). These amendments updated which offences attract infringement notices, the persons authorised to serve them, and related administrative details."},"complexity_factors":["Cross-references to other Acts: applies Magistrates Court Act 1930 part 3.8 to offences under the Smoke‑Free Act (s 5, s 7) — requires reading multiple instruments to understand procedure and appeal rights.","Penalty differentiation: separate rules for individuals and corporations (corporation penalty = 5× individual) (s 8(2)) and fixed dollar infringement amounts set in schedule 1.","Administrative costs and incentives: reminder‑notice service cost specified ($34) which affects enforcement follow-up (s 8(3)).","Notice content rules: identification requirements for authorised persons and reminder notices (police service number or name/unique number) add compliance and recordkeeping obligations for enforcing officers (ss 9, 11).","Company-specific requirement: infringement notices to companies must include ACN (s 10(1)), imposing an additional documentation burden.","Authorised issuer rules: inspectors and police are explicitly able to serve infringement and reminder notices (s 12; dict defines inspector and Smoke‑Free Act), constraining who may act and centralising decision authority.","Compact but technical schedule: schedule 1 lists multiple Smoke‑Free Act provisions with differing penalty units and dollar amounts, requiring cross-checking to identify applicable offence and fine."],"plain_english_summary":"This regulation prescribes how on-the-spot infringement notices (fines) are issued under the Magistrates Court Act for offences against the Smoke-Free Public Places Act. It names the administering authority, lists which Smoke-Free Act offences carry infringement penalties and the dollar amounts, and requires specific information on infringement and reminder notices (for example, officer identification and company ACNs). Individuals pay the listed fines; corporations pay five times the individual amount and reminder notices have a $34 service cost."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation remains tightly focused on its original purpose: establishing infringement notices for Smoke-Free Act offences. The amendments shown in the history are minor administrative updates (changing references to the 'director-general', updating authorised people provisions) and adding new offences to Schedule 1 as the underlying Smoke-Free Act was expanded. The core mechanism and scope have not drifted."},"complexity_factors":["Very short document—only 12 substantive sections plus a schedule and dictionary","Minimal cross-referencing—primarily references to the Magistrates Court Act 1930 and Smoke-Free Public Places Act 2003","Simple structure—linear progression from purpose to offences to penalties to procedural requirements","Only 2 defined terms in the dictionary ('inspector' and 'Smoke-Free Act') plus incorporated definitions from other Acts","No nested exceptions or conditional logic—straightforward application of infringement notice system to listed offences","Schedule 1 is a simple table mapping offence provisions to penalty amounts"],"plain_english_summary":"This regulation creates an on-the-spot infringement notice scheme for smoking offences in the ACT: authorised inspectors can issue set fines (individuals $110–$1,000; corporations five times those amounts) instead of prosecuting, with a $34 reminder fee for unpaid fines. \n\nIt affects people who smoke in prohibited places, businesses that allow smoking in smoke-free areas, and enforcement officers—providing a quicker, lower-cost enforcement option that avoids court proceedings."}},"importantCases":[],"_links":{"self":"/api/acts/magistrates-court-smoke-free-public-places-infringement-notices-regulation-2010","history":"/api/acts/magistrates-court-smoke-free-public-places-infringement-notices-regulation-2010/history","analysis":"/api/acts/magistrates-court-smoke-free-public-places-infringement-notices-regulation-2010/analysis","conflicts":"/api/acts/magistrates-court-smoke-free-public-places-infringement-notices-regulation-2010/conflicts","importantCases":"/api/acts/magistrates-court-smoke-free-public-places-infringement-notices-regulation-2010/important-cases","documents":"/api/acts/magistrates-court-smoke-free-public-places-infringement-notices-regulation-2010/documents"}}