{"id":"sl-2012-17","name":"Magistrates Court (Smoking in Cars with Children Infringement Notices) Regulation 2012","slug":"magistrates-court-smoking-in-cars-with-children-infringement-notices-regulation-2012","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"17 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173521,"registerId":"act-sl-2012-17-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Magistrates Court (Smoking in Cars with Children Infringement Notices) Regulation 2012","content":"Australian Capital Territory\nMagistrates Court (Smoking in Cars\nwith Children Infringement Notices)\nRegulation 2012\nSL2012-17\nmade under the\nMagistrates Court Act 1930\nRepublication No 2\nEffective: 10 June 2015\nRepublication date: 10 June 2015\nLast amendment made by A2015-15\nAuthorised by the ACT Parliamentary Counsel\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Magistrates Court (Smoking in Cars with Children Infringement\nNotices) Regulation 2012, 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\n10 June 2015. It also includes any commencement, amendment, repeal or expiry affecting this\nrepublished law to 10 June 2015.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the\nACT legislation register at www.legislation.act.gov.au):\n authorised republications to which the Legislation Act 2001 applies\n unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made\nby an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).\nThe changes are made if the Parliamentary Counsel considers they are desirable to bring the law\ninto line, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M\nappears immediately before the provision heading. The text of the modifying provision appears\nin the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $150 for\nan individual and $750 for a corporation (see Legislation Act 2001, s 133).\n\nR2\n10/06/15\nMagistrates Court (Smoking in Cars with Children\nInfringement Notices) Regulation 2012\nEffective: 10/06/15\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMagistrates Court (Smoking in Cars\nwith Children Infringement Notices)\nRegulation 2012\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 reminder notices—identifying authorised person 3\n\nContents\nPage\ncontents 2 Magistrates Court (Smoking in Cars with Children\nInfringement Notices) Regulation 2012\nEffective: 10/06/15\nR2\n10/06/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n11 Authorised people for infringement notice offences 4\nSchedule 1 Smoking in Cars with Children (Prohibition)\nAct 2011 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 9\n5 Earlier republications 9\n\nR2\n10/06/15\nMagistrates Court (Smoking in Cars with Children\nInfringement Notices) Regulation 2012\nEffective: 10/06/15\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMagistrates Court (Smoking in Cars\nwith Children Infringement Notices)\nRegulation 2012\nmade under the\nMagistrates Court Act 1930\n\nSection 1\npage 2 Magistrates Court (Smoking in Cars with Children\nInfringement Notices) Regulation 2012\nEffective: 10/06/15\nR2\n10/06/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of regulation\nThis regulation is the Magistrates Court (Smoking in Cars with\nChildren Infringement Notices) Regulation 2012.\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 Smoking in Cars with Children (Prohibition) Act 2011.\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 Smoking in Cars with Children (Prohibition) Act 2011 is\nthe director-general for that Act.\n\nSection 7\nR2\n10/06/15\nMagistrates Court (Smoking in Cars with Children\nInfringement Notices) Regulation 2012\nEffective: 10/06/15\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 Smoking in Cars with Children\n(Prohibition) Act 2011 mentioned in schedule 1, column 2.\n8 Infringement notice penalties\n(1) The penalty payable by an individual for an offence against the\nSmoking in Cars with Children (Prohibition) Act 2011, under an\ninfringement notice for the offence, is the amount mentioned in\nschedule 1, column 4 for the offence.\n(2) The cost of serving a reminder notice for an infringement notice\noffence against the Smoking in Cars with Children (Prohibition)\nAct 2011 is $34.\n9 Contents of infringement notices—identifying authorised\nperson\nAn infringement notice served on a person by an authorised person\nfor an infringement notice offence against the Smoking in Cars with\nChildren (Prohibition) Act 2011 must identify the authorised person\nby the police officer’s service number.\n10 Contents of reminder notices—identifying authorised\nperson\nA reminder notice served on a person by an authorised person for an\ninfringement notice offence against the Smoking in Cars with\nChildren (Prohibition) Act 2011 must identify the authorised person\nby the police officer’s service number.\n\nSection 11\npage 4 Magistrates Court (Smoking in Cars with Children\nInfringement Notices) Regulation 2012\nEffective: 10/06/15\nR2\n10/06/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n11 Authorised people for infringement notice offences\nA police officer may serve the following:\n(a) an infringement notice for an infringement notice offence\nagainst the Smoking in Cars with Children (Prohibition)\nAct 2011;\n(b) a reminder notice for an infringement notice offence against\nthe Smoking in Cars with Children (Prohibition) Act 2011.\n\nSmoking in Cars with Children (Prohibition) Act 2011 infringement notice\noffences and penalties\nSchedule 1\nR2\n10/06/15\nMagistrates Court (Smoking in Cars with Children\nInfringement Notices) Regulation 2012\nEffective: 10/06/15\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Smoking in Cars with Children\n(Prohibition) Act 2011\ninfringement notice offences\nand penalties\n(see s 7 and s 8)\ncolumn 1\nitem\ncolumn 2\noffence provision\ncolumn 3\noffence penalty\n(penalty units)\ncolumn 4\ninfringement penalty\n($)\n1 7 (1) 50 250\n2 8 (2) 20 120\n\nDictionary\npage 6 Magistrates Court (Smoking in Cars with Children\nInfringement Notices) Regulation 2012\nEffective: 10/06/15\nR2\n10/06/15\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 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.\n\nEndnotes\nAbout the endnotes 1\nR2\n10/06/15\nMagistrates Court (Smoking in Cars with Children\nInfringement Notices) Regulation 2012\nEffective: 10/06/15\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 (Smoking in Cars with Children\nInfringement Notices) Regulation 2012\nEffective: 10/06/15\nR2\n10/06/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nMagistrates Court (Smoking in Cars with Children Infringement\nNotices) Regulation 2012 SL2012-17\nnotified LR 26 April 2012\ns 1, s 2 commenced 26 April 2012 (LA s 75 (1))\nremainder commenced 1 May 2012 (s 2)\nas amended by\nStatute Law Amendment Act 2015 A2015-15 sch 3 pt 3.38\nnotified LR 27 May 2015\ns 1, s 2 commenced 27 May 2015 (LA s 75 (1))\nsch 3 pt 3.38 commenced 10 June 2015 (s 2)\n\nEndnotes\nAmendment history 4\nR2\n10/06/15\nMagistrates Court (Smoking in Cars with Children\nInfringement Notices) Regulation 2012\nEffective: 10/06/15\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)\nAuthorised people for infringement notice offences\ns 11 am A2015-15 amdt 3.131, amdt 3.132\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\n1 May 2012\n1 May 2012-\n9 June 2015\nnot amended new regulation\n© Australian Capital Territory 2015","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation remains procedural: it implements the Magistrates Court’s infringement-notice mechanism for selected offences under the Smoking in Cars with Children (Prohibition) Act 2011 and fixes infringement amounts and administrative details. An amendment (A2015-15) clarified who may serve notices (explicitly authorising police officers in s 11) and there were minor editorial/commencement adjustments, but those changes do not expand the regulation beyond its original administrative purpose."},"complexity_factors":["Short regulation (11 sections plus a 2-item schedule and a small dictionary)","Only 2 infringement items in Schedule 1 (s 7 and Schedule 1)","Minimal defined terms (dictionary relies on definitions in Magistrates Court Act 1930 and Legislation Act 2001)","A few cross-references to external Acts: Magistrates Court Act 1930 and Smoking in Cars with Children (Prohibition) Act 2011","Simple procedural rules (administering authority, authorised persons, notice contents) with no nested exceptions or complex conditional logic","One substantive amendment recorded (s 11 amended to specify authorised people), but no layered amendment complexity"],"plain_english_summary":"**What this regulation does (plain English)**\n\n- This regulation implements the Magistrates Court’s infringement-notice process for certain offences in the Smoking in Cars with Children (Prohibition) Act 2011 (see s 5). In practical terms it makes it possible for specified offences under that Act to be dealt with by a fixed fine (an infringement notice) rather than by criminal prosecution.\n\n- It names the agency responsible for administering those infringement notices (the director-general for the Smoking in Cars with Children (Prohibition) Act 2011) (s 6).\n\n- It lists the specific offence provisions that can attract an infringement notice and sets the dollar amounts for those notices in Schedule 1 (ss 7 and 8, Schedule 1). The schedule links each infringement-penalty amount to a provision of the Smoking in Cars with Children (Prohibition) Act 2011 (items: s 7(1) — $250; s 8(2) — $120).\n\n- It sets a $34 administrative cost for serving a reminder notice if a person does not pay the infringement (s 8(2)).\n\n- It specifies how infringement and reminder notices must identify the officer who serves them: by the police officer’s service number (ss 9–10).\n\n- It authorises police officers to serve both infringement notices and reminder notices for the listed offences (s 11).\n\n\nWhy it matters and who it affects\n\n- Who is affected: Individuals who commit the listed offences under the Smoking in Cars with Children (Prohibition) Act 2011 (the regulation applies to individuals — Schedule 1 gives the infringement dollar amounts). The enforcement role is given to police officers; the director-general administers the scheme.\n\n- Financial effect: An affected person may pay a fixed penalty (e.g. $250 or $120 as shown in Schedule 1) instead of facing prosecution. If they do not pay, a reminder can be issued and the act of serving that reminder carries a $34 cost (s 8(2)).\n\n- Administrative effect: Police must record their service number on infringement and reminder notices (ss 9–10). The director-general administers the infringement scheme (s 6).\n\n\nHow it works mechanically (key operational points)\n\n- The regulation operates under the Magistrates Court Act 1930, part 3.8, which provides the infringement-notice framework and the alternative-to-prosecution mechanism (s 5 note and s 7).\n\n- The regulation does not create the underlying smoking offences; it only makes specified existing offences eligible for infringement notices and fixes the dollar amounts for those infringements (s 7, Schedule 1).\n\n- Police officers are the authorised officers who may serve infringement and reminder notices (s 11). The notices must identify the serving authorised person by the police officer’s service number (ss 9–10).\n\n\nAnalytical lens — incentives, costs, trade-offs, and likely effects\n\n- Incentives and behaviour: By offering an infringement notice option (fixed penalty), the regulation lowers the transaction cost and uncertainty for both the enforcement agency and an alleged offender compared with court prosecution. For individuals it provides a quick, certain penalty option in place of court proceedings (s 5 and Magistrates Court Act pt 3.8 reference).\n\n- Who pays: Individuals who receive an infringement notice pay the fixed penalty (Schedule 1). If unpaid, the additional administrative cost of serving a reminder is recoverable (s 8(2)).\n\n- Who decides and discretion: The regulation gives police officers (not a specialist regulatory inspectorate) the power to serve notices (s 11). That concentrates frontline enforcement and discretion with policing resources and practices.\n\n- Compliance burden: The direct compliance cost on business is negligible — the regulation targets individual conduct in private vehicles. Individuals face potential fines and the administrative friction of an enforcement interaction with police.\n\n- Administrative cost and enforcement resource use: The director-general administers the scheme (s 6) and police are responsible for service (s 11). Enforcement therefore uses general policing resources rather than a new specialist enforcement agency.\n\n- Legal and procedural consequences: Providing an infringement-notice route typically reduces court caseloads but creates a system of administrative fines that can be contested in court if the recipient chooses to do so (consistent with Magistrates Court pt 3.8).\n\n- Market and competition effects: The regulation is aimed at personal behaviour in vehicles and does not create direct effects on prices, competition, or ownership structures of businesses.\n\n\nImplementation and risks\n\n- Implementation risks include reliance on police resourcing and training to issue valid notices (including correct identification by service number, ss 9–10). Errors in service may lead to disputes about validity of notices.\n\n- The regulation fixes the infringement amounts in dollar terms (Schedule 1) and depends on the broader statutory system for penalty-unit valuation (see endnote about the penalty unit value in the republished law). If penalty-unit values change, the real-dollar severity of the underlying statutory penalties (not the infringement amounts set here) may move differently.\n\n\nNotes on source claims and limits\n\n- The regulation’s stated purpose (s 5) is to provide for infringement notices as an alternative to prosecution. That function is mechanical and limited: the instrument does not itself define the smoking offences or their substantive elements — it only applies the Magistrates Court infringement framework to selected provisions of the separate Smoking in Cars with Children (Prohibition) Act 2011 (see s 7 and Schedule 1).\n\n- The regulation’s scope is procedural and administrative (who can issue notices, the amounts, and identification requirements), not substantive law-making about the smoking offences themselves.\n\n(References in text are to section numbers and the schedule in the Magistrates Court (Smoking in Cars with Children Infringement Notices) Regulation 2012.)"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation remains tightly focused on its original purpose: establishing infringement notice procedures for smoking-in-cars offences. It has not expanded beyond this narrow administrative function since its creation in 2012. The 2015 amendment was purely technical (removing the commencement section and updating the authorised people provision), not a scope expansion."},"complexity_factors":["Very short document (11 sections plus schedule and dictionary)","Only 2 defined terms in the dictionary section (relies on external definitions from the Legislation Act and Magistrates Court Act)","Simple cross-referencing: only refers to the parent Magistrates Court Act 1930 and the Smoking in Cars with Children (Prohibition) Act 2011","No nested exceptions or conditional logic - provisions are straightforward declarations","Single schedule with simple table format (4 columns, 2 rows) setting out offences and penalties","Minimal administrative machinery - essentially just 'plugging in' to existing infringement notice frameworks"],"plain_english_summary":"This regulation creates an on-the-spot penalty scheme for smoking in cars with children under 16, letting police issue infringement notices instead of pursuing court prosecution. It sets fixed fines ($250 for the offence, $120 for non‑compliance directions), requires officer service numbers on notices, and a $34 reminder fee for unpaid fines.\n\nIt affects drivers and passengers who smoke with children present, police enforcing the ban, and the administering authority — offering a faster, lower‑cost way to protect kids from secondhand smoke."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/magistrates-court-smoking-in-cars-with-children-infringement-notices-regulation-2012","history":"/api/acts/magistrates-court-smoking-in-cars-with-children-infringement-notices-regulation-2012/history","analysis":"/api/acts/magistrates-court-smoking-in-cars-with-children-infringement-notices-regulation-2012/analysis","conflicts":"/api/acts/magistrates-court-smoking-in-cars-with-children-infringement-notices-regulation-2012/conflicts","importantCases":"/api/acts/magistrates-court-smoking-in-cars-with-children-infringement-notices-regulation-2012/important-cases","documents":"/api/acts/magistrates-court-smoking-in-cars-with-children-infringement-notices-regulation-2012/documents"}}