{"id":"sl-2017-37","name":"Magistrates Court (Waste Management and Resource Recovery Infringement Notices) Regulation 2017","slug":"magistrates-court-waste-management-and-resource-recovery-infringement-notices-regulation-2017","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"37 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173529,"registerId":"act-sl-2017-37-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Magistrates Court (Waste Management and Resource Recovery Infringement Notices) Regulation 2017","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMagistrates Court (Waste Management\nand Resource Recovery Infringement\nNotices) Regulation 2017\nSL2017-37\nmade under the\nMagistrates Court Act 1930\nRepublication No 2\nEffective: 1 November 2021\nRepublication date: 1 November 2021\nLast amendment made by SL2021-25\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 (Waste Management and Resource Recovery\nInfringement Notices) Regulation 2017, 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 1 November 2021. It also includes any commencement, amendment, repeal or expiry\naffecting this republished law to 1 November 2021.\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\nR2\n01/11/21\nMagistrates Court (Waste Management and Resource\nRecovery Infringement Notices) Regulation 2017\nEffective: 01/11/21\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMagistrates Court (Waste Management\nand Resource Recovery Infringement\nNotices) Regulation 2017\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 3\n7 Infringement notice offences 3\n7A Declared offences—Act, s 117, definition of vehicle-related offence,\npar (b) 3\n7B Declared Act—known offender declarations—Act, s 131E (1) (b) (iii) 3\n\nContents\nPage\ncontents 2 Magistrates Court (Waste Management and Resource\nRecovery Infringement Notices) Regulation 2017\nEffective: 01/11/21\nR2\n01/11/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n8 Infringement notice penalties 4\n9 Contents of infringement notices—identifying authorised person 4\n10 Contents of infringement notices—other information 4\n11 Contents of reminder notices—identifying authorised person 5\n12 Authorised people for infringement notice offences 5\nSchedule 1 Waste legislation infringement notice\noffences and penalties 6\nPart 1.1 Waste Management and Resource Recovery Act 2016 6\nPart 1.2 Waste Management and Resource Recovery\nRegulation 2017 7\nSchedule 2 Waste Management and Resource Recovery\nRegulation 2017 vehicle-related offences at\nwaste facilities 8\nDictionary 9\nEndnotes\n1 About the endnotes 10\n2 Abbreviation key 10\n3 Legislation history 11\n4 Amendment history 12\n5 Earlier republications 12\n\nR2\n01/11/21\nMagistrates Court (Waste Management and Resource\nRecovery Infringement Notices) Regulation 2017\nEffective: 01/11/21\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMagistrates Court (Waste Management\nand Resource Recovery Infringement\nNotices) Regulation 2017\nmade under the\nMagistrates Court Act 1930\n\nSection 1\npage 2 Magistrates Court (Waste Management and Resource\nRecovery Infringement Notices) Regulation 2017\nEffective: 01/11/21\nR2\n01/11/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of regulation\nThis regulation is the Magistrates Court (Waste Management and\nResource Recovery Infringement Notices) Regulation 2017.\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, and includes references (signpost definitions) to other\nterms defined elsewhere.\nFor example, the signpost definition ‘authorised person—see the\nWaste Management and Resource Recovery Act 2016, dictionary.’ means\nthat the term ‘authorised person’ is defined in that dictionary and the\ndefinition applies to this regulation.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire regulation unless the definition, or another provision of the\nregulation, provides otherwise or the contrary intention otherwise appears\n(see Legislation Act, s 155 and s 156 (1)).\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 waste legislation.\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.\n\nSection 6\nR2\n01/11/21\nMagistrates Court (Waste Management and Resource\nRecovery Infringement Notices) Regulation 2017\nEffective: 01/11/21\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Administering authority\nThe administering authority for an infringement notice offence\nagainst the waste legislation is the waste manager.\n7 Infringement notice offences\nThe Magistrates Court Act 1930, part 3.8 applies to an offence against\na provision of the waste legislation mentioned in schedule 1,\ncolumn 2.\n7A Declared offences—Act, s 117, definition of\nvehicle-related offence, par (b)\nAn offence against a provision of the waste legislation mentioned in\nschedule 2, column 2 is declared to be an offence to which the\nMagistrates Court Act 1930, division 3.8.3 (Additional provisions for\nvehicle-related offences) applies.\n7B Declared Act—known offender declarations—Act,\ns 131E (1) (b) (iii)\nThe Waste Management and Resource Recovery Act 2016 is declared\nto be an Act to which the Act, section 131E (1) (b) (iii) applies.\nNote The Act, s 131E (1) (b) (iii) allows the responsible person for a vehicle\nwho has been served with an infringement notice for a vehicle-related\noffence under a declared Act to make a known offender declaration that\nthe responsible person saw another named person do the act the subject\nof the offence.\n\nSection 8\npage 4 Magistrates Court (Waste Management and Resource\nRecovery Infringement Notices) Regulation 2017\nEffective: 01/11/21\nR2\n01/11/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n8 Infringement notice penalties\n(1) The penalty payable by an individual for an offence against the waste\nlegislation, 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 waste\nlegislation, under an infringement notice for the offence, is 5 times\nthe amount mentioned in schedule 1, column 4 for the offence.\n(3) The cost of serving a reminder notice for an infringement notice\noffence against the waste legislation 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 waste legislation must\nidentify 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.\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 waste legislation must\ninclude the company’s ACN.\nNote The requirement under this section is additional to the requirement under\nthe Magistrates Court Act 1930, s 121 (1) (c).\n(2) In this section:\ncompany means a company registered under the Corporations Act.\n\nSection 11\nR2\n01/11/21\nMagistrates Court (Waste Management and Resource\nRecovery Infringement Notices) Regulation 2017\nEffective: 01/11/21\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\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 waste legislation must\nidentify 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\nAn authorised person may serve the following:\n(a) an infringement notice for an infringement notice offence\nagainst the waste legislation;\n(b) a reminder notice for an infringement notice offence against the\nwaste legislation.\n\nSchedule 1 Waste legislation infringement notice offences and penalties\nPart 1.1 Waste Management and Resource Recovery Act 2016\npage 6 Magistrates Court (Waste Management and Resource\nRecovery Infringement Notices) Regulation 2017\nEffective: 01/11/21\nR2\n01/11/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Waste legislation infringement\nnotice offences and penalties\n(see s 7 and s 8)\nPart 1.1 Waste Management and\nResource Recovery Act 2016\ncolumn 1\nitem\ncolumn 2\noffence provision\ncolumn 3\noffence penalty\n(penalty units)\ncolumn 4\ninfringement\npenalty ($)\n1 50 (1) 10 75\n2 61 (2) 50 750\n3 66 (1) 50 750\n4 72 (1) 50 1 500\n5 75 (2) 1 30\n6 81 (5) 50 1 500\n7 83 (1) 5 150\n8 108 (1) 50 750\n\nWaste legislation infringement notice offences and penalties Schedule 1\nWaste Management and Resource Recovery Regulation 2017 Part 1.2\nR2\n01/11/21\nMagistrates Court (Waste Management and Resource\nRecovery Infringement Notices) Regulation 2017\nEffective: 01/11/21\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1.2 Waste Management and\nResource Recovery\nRegulation 2017\ncolumn 1\nitem\ncolumn 2\noffence provision\ncolumn 3\noffence penalty\n(penalty units)\ncolumn 4\ninfringement\npenalty ($)\n1 18 (1) 5 150\n2 18 (2) 5 150\n3 18 (3) 5 150\n4 19 (1) 10 300\n5 20 (1) 10 300\n6 21 (1) 10 300\n7 22 (1) 10 300\n8 23 (1) 10 300\n9 24AC (1) 10 300\n10 24AE (1) 20 600\n11 24AE (3) 5 150\n12 24AF (1) 10 300\n13 24AF (2) (a) 5 150\n14 24AF (2) (b) 5 150\n15 24AF (2) (c) 5 150\n16 24AG (1) 10 300\n17 24AH (1) 10 300\n\nSchedule 2 Waste Management and Resource Recovery Regulation 2017 vehicle-\nrelated offences at waste facilities\npage 8 Magistrates Court (Waste Management and Resource\nRecovery Infringement Notices) Regulation 2017\nEffective: 01/11/21\nR2\n01/11/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 2 Waste Management and\nResource Recovery\nRegulation 2017 vehicle-related\noffences at waste facilities\n(see s 7A)\ncolumn 1\nitem\ncolumn 2\nvehicle-related offence provision\n1 24AC (1)\n2 24AE (1)\n3 24AE (3)\n4 24AF (1)\n5 24AF (2) (a)\n6 24AF (2) (b)\n7 24AF (2) (c)\n8 24AG (1)\n\nDictionary\nR2\n01/11/21\nMagistrates Court (Waste Management and Resource\nRecovery Infringement Notices) Regulation 2017\nEffective: 01/11/21\npage 9\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• infringement notice\n• infringement notice offence\n• reminder notice.\nauthorised person—see the Waste Management and Resource\nRecovery Act 2016, dictionary.\nwaste legislation means—\n(a) the Waste Management and Resource Recovery Act 2016; and\n(b) the Waste Management and Resource Recovery\nRegulation 2017.\nwaste manager—see the Waste Management and Resource Recovery\nAct 2016, dictionary.\n\nEndnotes\n1 About the endnotes\npage 10 Magistrates Court (Waste Management and Resource\nRecovery Infringement Notices) Regulation 2017\nEffective: 01/11/21\nR2\n01/11/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR2\n01/11/21\nMagistrates Court (Waste Management and Resource\nRecovery Infringement Notices) Regulation 2017\nEffective: 01/11/21\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nMagistrates Court (Waste Management and Resource Recovery\nInfringement Notices) Regulation 2017 SL2017-37\nnotified LR 7 December 2017\ns 1, s 2 commenced 7 December 2017 (LA s 75 (1))\nremainder commenced 8 December 2017 (s 2)\nas amended by\nMagistrates Court (Waste Management and Resource Recovery\nInfringement Notices) Amendment Regulation 2021 (No 1) SL2021-25\nnotified LR 25 October 2021\ns 1, s 2 commenced 25 October 2021 (LA s 75 (1))\nremainder commenced 1 November 2021 (s 2 and see Waste\nManagement and Resource Recovery Amendment Regulation 2021\n(No 1) SL2021-24 s 2)\n\nEndnotes\n4 Amendment history\npage 12 Magistrates Court (Waste Management and Resource\nRecovery Infringement Notices) Regulation 2017\nEffective: 01/11/21\nR2\n01/11/21\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)\nDeclared offences—Act, s 117, definition of vehicle-related offence, par (b)\ns 7A ins SL2021-25 s 4\nDeclared Act—known offender declarations—Act, s 131E (1) (b) (iii)\ns 7B ins SL2021-25 s 4\nWaste Management and Resource Recovery Regulation 2017\nsch 1 pt 1.2 am SL2021-25 s 5; items renum R2 LA\nWaste Management and Resource Recovery Regulation 2017 vehicle-related\noffences at waste facilities\nsch 2 ins SL2021-25 s 6\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 2017\n8 Dec 2017–\n31 Oct 2021\nnot amended new regulation\n© Australian Capital Territory 2021","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Yes. The 2021 amendment (SL2021‑25) broadened the regulation: it inserted s7A (declaring certain vehicle‑related offences subject to additional Magistrates Court provisions) and s7B (declaring the Waste Management and Resource Recovery Act for known‑offender declarations), amended Schedule 1 part 1.2, and added Schedule 2 listing vehicle‑related offences (see Amendment history and Endnote 4). These changes mechanically expand the set of offences and procedural options covered by the infringement scheme."},"complexity_factors":["Cross‑references to multiple statutes and external offence provisions (Magistrates Court Act pt 3.8; Waste Management and Resource Recovery Act 2016; Waste Management and Resource Recovery Regulation 2017) — see s7 and Dictionary.","Schedules mapping specific offence provisions to fixed infringement amounts require alignment with external offence texts (Schedule 1 and Schedule 2).","Differential corporate penalty rule (corporation pays 5× individual amount) increases calculation detail (s8(2)).","Fixed additional administrative cost for reminder notices ($34) set separately from infringement amounts (s8(3)).","Notice content and identity requirements (authorised person identification; company ACN) impose specific administrative information checks (ss9–11, s10(1)).","Delegated administrative roles and minor discretionary elements: 'waste manager' as administering authority and power to issue unique authorised‑person numbers (s6; ss9,11).","Designation of vehicle‑related offences to which extra Magistrates Court provisions apply (s7A) and declaration enabling known‑offender procedure (s7B) add procedural complexity.","Amendment and numbering history (SL2021‑25) altered schedules and inserted new provisions, requiring attention to versioning and commencement dates (Endnotes/Amendment history)."],"plain_english_summary":"Creates an infringement‑notice scheme (under the Magistrates Court Act) for specified offences in the Waste Management and Resource Recovery Act 2016 and its Regulation. It lists which waste offences carry set infringement fines, names the waste manager as the administering authority, authorises people to serve notices, and prescribes required notice content (including company ACN and authorised‑person ID).\n\nAffects individuals and corporations who commit listed waste offences: individuals pay the stated infringement amount, corporations pay five times that amount, and reminder notices cost $34."},"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":3,"scope_assessment":{"changed":false,"description":"The regulation remains tightly focused on its original purpose of establishing infringement notices for waste legislation offences. The 2021 amendments added vehicle-related offence provisions (sections 7A, 7B and Schedule 2) and updated the list of offences in Schedule 1, but these expand the coverage within the same subject matter rather than extending beyond the original scope of waste management enforcement."},"complexity_factors":["Short regulation (12 sections plus 2 schedules)","Minimal defined terms (only 3 specific definitions in the dictionary: authorised person, waste legislation, waste manager—all referencing external Acts)","Simple tabular structure for offences and penalties in Schedules 1 and 2","Straightforward cross-referencing to the Magistrates Court Act 1930 (the parent Act) without complex conditional logic","No nested exceptions or complicated procedural requirements","Most provisions are declarative (stating what applies) rather than conditional"],"plain_english_summary":"This regulation creates an on-the-spot infringement notice system in the ACT for minor waste-management breaches, letting authorised officers issue fines instead of pursuing court action. It targets people and businesses using waste facilities, waste transport operators, and those managing waste compliance.\n\nWhy it matters: it speeds enforcement and deters littering, illegal dumping and facility rule breaches, including vehicle-related offences, by providing a streamlined penalty pathway."}},"importantCases":[],"_links":{"self":"/api/acts/magistrates-court-waste-management-and-resource-recovery-infringement-notices-regulation-2017","history":"/api/acts/magistrates-court-waste-management-and-resource-recovery-infringement-notices-regulation-2017/history","analysis":"/api/acts/magistrates-court-waste-management-and-resource-recovery-infringement-notices-regulation-2017/analysis","conflicts":"/api/acts/magistrates-court-waste-management-and-resource-recovery-infringement-notices-regulation-2017/conflicts","importantCases":"/api/acts/magistrates-court-waste-management-and-resource-recovery-infringement-notices-regulation-2017/important-cases","documents":"/api/acts/magistrates-court-waste-management-and-resource-recovery-infringement-notices-regulation-2017/documents"}}