{"id":"sl-2010-49","name":"Magistrates Court (Tobacco and Other Smoking Products Infringement Notices) Regulation 2010","slug":"magistrates-court-tobacco-and-other-smoking-products-infringement-notices-regulation-2010","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"49 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173524,"registerId":"act-sl-2010-49-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Magistrates Court (Tobacco and Other Smoking Products Infringement Notices) Regulation 2010","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMagistrates Court (Tobacco and Other\nSmoking Products Infringement\nNotices) Regulation 2010\nSL2010-49\nmade under the\nMagistrates Court Act 1930\nRepublication No 6\nEffective: 16 December 2025\nRepublication date: 16 December 2025\nLast amendment made by A2025-36\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 (Tobacco and Other Smoking Products\nInfringement Notices) Regulation 2010, 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 16 December 2025. It also includes any commencement, amendment, repeal or expiry\naffecting this republished law to 16 December 2025.\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 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\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\nR6\n16/12/25\nMagistrates Court (Tobacco and Other Smoking\nProducts Infringement Notices) Regulation 2010\nEffective: 16/12/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMagistrates Court (Tobacco and Other\nSmoking Products Infringement\nNotices) Regulation 2010\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 (Tobacco and Other Smoking\nProducts Infringement Notices) Regulation 2010\nEffective: 16/12/25\nR6\n16/12/25\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 Tobacco and Other Smoking Products Act\ninfringement notice offences and 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 10\n\nR6\n16/12/25\nMagistrates Court (Tobacco and Other Smoking\nProducts Infringement Notices) Regulation 2010\nEffective: 16/12/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMagistrates Court (Tobacco and Other\nSmoking Products Infringement\nNotices) Regulation 2010\nmade under the\nMagistrates Court Act 1930\n\nSection 1\npage 2 Magistrates Court (Tobacco and Other Smoking\nProducts Infringement Notices) Regulation 2010\nEffective: 16/12/25\nR6\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of regulation\nThis regulation is the Magistrates Court (Tobacco and Other\nSmoking Products Infringement 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 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 Tobacco and Other Smoking Products Act.\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 Tobacco and Other Smoking Products Act is the\ndirector-general for that Act.\n\nSection 7\nR6\n16/12/25\nMagistrates Court (Tobacco and Other Smoking\nProducts Infringement Notices) Regulation 2010\nEffective: 16/12/25\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 Tobacco and Other Smoking Products Act\nmentioned in schedule 1, column 2.\n8 Infringement notice penalties\n(1) The penalty payable by an individual for an offence against the\nTobacco and Other Smoking Products Act, 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\nTobacco and Other Smoking Products Act, 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 Tobacco and Other Smoking Products 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 Tobacco and Other\nSmoking Products Act must identify 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 person\nby the administering authority.\n\nSection 10\npage 4 Magistrates Court (Tobacco and Other Smoking\nProducts Infringement Notices) Regulation 2010\nEffective: 16/12/25\nR6\n16/12/25\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 Tobacco and Other\nSmoking Products Act 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 Tobacco and Other Smoking\nProducts Act must identify 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 person\nby the administering authority.\n12 Authorised people for infringement notice offences\nAn authorised officer may serve the following:\n(a) an infringement notice for an infringement notice offence\nagainst the Tobacco and Other Smoking Products Act;\n(b) a reminder notice for an infringement notice offence against the\nTobacco and Other Smoking Products Act.\n\nTobacco and Other Smoking Products Act infringement notice offences and\npenalties\nSchedule 1\nR6\n16/12/25\nMagistrates Court (Tobacco and Other Smoking\nProducts Infringement Notices) Regulation 2010\nEffective: 16/12/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Tobacco and Other Smoking\nProducts 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 8 (1) 50 1 000\n2 8 (2) 50 1 000\n3 9 (3) 50 1 000\n4 10 (2) 50 1 000\n5 19 (1) 50 1 000\n6 19 (2) 50 1 000\n7 22 (1) 50 1 600\n8 59 (1) 5 110\n9 59 (2) 5 110\n10 61 (2) 50 1 000\n11 63 (2) 50 1 000\n12 64 (1) 5 110\n13 64 (2) 5 110\n14 65 (1) 5 110\n15 66 (1) 5 110\n16 67 (1) 50 1 000\n\nDictionary\npage 6 Magistrates Court (Tobacco and Other Smoking\nProducts Infringement Notices) Regulation 2010\nEffective: 16/12/25\nR6\n16/12/25\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.\nauthorised officer means an authorised officer under the Tobacco and\nOther Smoking Products Act, section 32 (Authorised officers).\nTobacco and Other Smoking Products Act means the Tobacco and\nOther Smoking Products Act 1927.\n\nEndnotes\nAbout the endnotes 1\nR6\n16/12/25\nMagistrates Court (Tobacco and Other Smoking\nProducts Infringement Notices) Regulation 2010\nEffective: 16/12/25\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 (Tobacco and Other Smoking\nProducts Infringement Notices) Regulation 2010\nEffective: 16/12/25\nR6\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThe Magistrates Court (Tobacco and Other Smoking Products Infringement\nNotices) Regulation 2010 was originally the Magistrates Court (Tobacco\nInfringement Notices) Regulation 2010. It was renamed by the Smoke-Free\nLegislation Amendment Act 2016 A2016-20 (see amdt 1.3).\nMagistrates Court (Tobacco and Other Smoking Products\nInfringement Notices) Regulation 2010 SL2010-49\nnotified LR 7 December 2010\ns 1, s 2 commenced 7 December 2010 (LA s 75 (1))\nremainder commenced 8 December 2010 (s 2)\nas amended by\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.109\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.109 commenced 1 July 2011 (s 2 (1))\nStatute Law Amendment Act 2013 A2013-19 sch 3 pt 3.30\nnotified LR 24 May 2013\ns 1, s 2 commenced 24 May 2013 (LA s 75 (1))\nsch 3 pt 3.30 commenced 14 June 2013 (s 2)\nStatute Law Amendment Act 2015 A2015-15 sch 3 pt 3.39\nnotified LR 27 May 2015\ns 1, s 2 commenced 27 May 2015 (LA s 75 (1))\nsch 3 pt 3.39 commenced 10 June 2015 (s 2)\nSmoke-Free Legislation Amendment Act 2016 A2016-20 sch 1 pt 1.3\nnotified LR 13 April 2016\ns 1, s 2 commenced 13 April 2016 (LA s 75 (1))\nsch 1 pt 1.3 commenced 1 August 2016 (s 2 and CN2016-13)\nTobacco and Other Smoking Products Amendment Act 2025\nA2025-36 sch 1\nnotified LR 15 December 2025\ns 1, s 2 commenced 15 December 2025 (LA s 75 (1))\nsch 1 commenced 16 December 2025 (s 2)\n\nEndnotes\nAmendment history 4\nR6\n16/12/25\nMagistrates Court (Tobacco and Other Smoking\nProducts Infringement Notices) Regulation 2010\nEffective: 16/12/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nName of regulation\ns 1 sub A2016-20 amdt 1.3\nCommencement\ns 2 om LA s 89 (4)\nPurpose of regulation\ns 5 am A2016-20 amdt 1.4\nAdministering authority\ns 6 am A2011-22 amdt 1.325, A2013-19 amdt 3.211; A2016-20\namdt 1.4\nInfringement notice offences\ns 7 am A2016-20 amdt 1.4\nInfringement notice penalties\ns 8 am A2016-20 amdt 1.4\nContents of infringement notices—identifying authorised person\ns 9 am A2016-20 amdt 1.4\nContents of infringement notices—other information\ns 10 am A2016-20 amdt 1.4\nContents of reminder notices—identifying authorised person\ns 11 am A2016-20 amdt 1.4\nAuthorised people for infringement notice offences\ns 12 am A2015-15 amdt 3.133, amdt 3.134; A2016-20 amdt 1.4\nTobacco and Other Smoking Products Act infringement notice offences and\npenalties\nsch 1 hdg sub A2016-20 amdt 1.5\nsch 1 am A2025-36 amdt 1.1; items renum R6 LA\nDictionary\ndict am A2011-22 amdt 1.326, amdt 1.327\ndef authorised officer am A2016-20 amdt 1.6\ndef Tobacco Act om A2016-20 amdt 1.7\ndef Tobacco and Other Smoking Products Act ins\nA2016-20 amdt 1.8\n\nEndnotes\n5 Earlier republications\npage 10 Magistrates Court (Tobacco and Other Smoking\nProducts Infringement Notices) Regulation 2010\nEffective: 16/12/25\nR6\n16/12/25\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\n8 Dec 2010\n8 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-\n31 July 2016\nA2015-15 amendments by\nA2015-15\nR5\n1 Aug 2016\n1 Aug 2016–\n15 Dec 2025\nA2016-20 renaming and\nother amendments\nby A2016-20\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Yes. The regulation was renamed in 2016 to cover “Tobacco and Other Smoking Products” (A2016‑20 amdt 1.3; see endnotes 3–4) and the Schedule was amended in 2025 (A2025‑36 amdt 1.1). Those changes broaden the instrument’s stated subject matter and updated the listed offences/penalties while retaining the same infringement‑notice mechanism and administrative arrangements (ss 5–8; Schedule 1)."},"complexity_factors":["Direct cross‑references to other Acts: relies on Magistrates Court Act 1930 pt 3.8 (s 7), Tobacco and Other Smoking Products Act (schedule and dictionary), and Corporations Act for ACN (s 10(1) and note)","Penalty structure: fixed dollar infringement amounts in Schedule 1 (col 4) plus a corporate multiplier of 5 (s 8(1)–(2))","Notice content rules: identification requirements for authorised persons and companies (ss 9–11; s 10(1) for ACN)","Administrative roles and delegation: director‑general as administering authority (s 6) and authorised officers defined/used to serve notices (s 12; dict)","Fixed administrative cost for reminder notices ($34) specified (s 8(3))","Dependence on external definitions and interpretation provisions in the Legislation Act and Magistrates Court Act (s 3 and dictionary notes)","Amendment history and renaming indicate scope/wording changes over time (endnotes: legislation and amendment history)"],"plain_english_summary":"**What it does:** This regulation lets the Magistrates Court Act's infringement‑notice process be used for specified offences under the Tobacco and Other Smoking Products Act. It fixes who administers the scheme, the dollar penalties (including a 5× corporate multiplier), required contents of infringement and reminder notices, and a $34 reminder‑service cost.\n\nWho it affects: individuals and companies committing the listed smoking‑related offences, and authorised officers who issue and serve the notices."},"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":true,"description":"The regulation has expanded slightly beyond its original scope. Originally named the 'Magistrates Court (Tobacco Infringement Notices) Regulation 2010', it was renamed in 2016 to 'Tobacco and Other Smoking Products' to cover vaping and other smoking products, not just traditional tobacco. The 2025 amendment (A2025-36) further updated the schedule of offences, indicating the regulatory framework continues to evolve with new smoking control measures."},"complexity_factors":["Short regulation (only 12 sections plus a schedule)","Minimal defined terms (only 2 specific definitions in the dictionary: 'authorised officer' and 'Tobacco and Other Smoking Products Act')","Simple structure: purpose, administering authority, offences, penalties, notice contents, and authorised persons","No nested exceptions or complex conditional logic","Cross-references limited to the parent Magistrates Court Act 1930 and the Tobacco and Other Smoking Products Act 1927","Schedule 1 is a straightforward table mapping offence provisions to penalty amounts"],"plain_english_summary":"This regulation creates a regime of on-the-spot infringement notices for certain smoking-related breaches of the Tobacco and Other Smoking Products Act 1927 in the ACT, letting authorised officers issue fines instead of pursuing court action.\n\nIt affects retailers, individuals who breach smoking rules, and enforcement officers, and matters because it speeds enforcement, reduces court burdens, and maintains public‑health oversight of tobacco and vaping rules."}},"importantCases":[],"_links":{"self":"/api/acts/magistrates-court-tobacco-and-other-smoking-products-infringement-notices-regulation-2010","history":"/api/acts/magistrates-court-tobacco-and-other-smoking-products-infringement-notices-regulation-2010/history","analysis":"/api/acts/magistrates-court-tobacco-and-other-smoking-products-infringement-notices-regulation-2010/analysis","conflicts":"/api/acts/magistrates-court-tobacco-and-other-smoking-products-infringement-notices-regulation-2010/conflicts","importantCases":"/api/acts/magistrates-court-tobacco-and-other-smoking-products-infringement-notices-regulation-2010/important-cases","documents":"/api/acts/magistrates-court-tobacco-and-other-smoking-products-infringement-notices-regulation-2010/documents"}}