{"id":"sl-2010-10","name":"Protection of Public Participation Regulation 2010","slug":"protection-of-public-participation-regulation-2010","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"10 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173593,"registerId":"act-sl-2010-10-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Protection of Public Participation Regulation 2010","content":"Australian Capital Territory\nProtection of Public Participation\nRegulation 2010\nSL2010-10\nmade under the\nProtection of Public Participation Act 2008\nRepublication No 1\nEffective: 2 April 2010\nRepublication date: 2 April 2010\nRegulation not amended\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 Protection of Public Participation Regulation 2010, made under\nthe Protection of Public Participation Act 2008 (including any amendment made under the\nLegislation Act 2001, part 11.3 (Editorial changes)) as in force on 2 April 2010. It also includes\nany commencement, repeal or expiry affecting the republished law.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the\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 or is affected by an uncommenced\namendment, the symbol U appears immediately before the provision heading. The text of the\nuncommenced provision or amendment appears only in the last endnote.\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 Legislation Act 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $110 for\nan individual and $550 for a corporation (see Legislation Act 2001, s 133).\n\nR1\n02/04/10\nProtection of Public Participation Regulation 2010\nEffective: 02/04/10\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nProtection of Public Participation\nRegulation 2010\nmade under the\nProtection of Public Participation Act 2008\nContents\nPage\n1 Name of regulation 2\n3 Notes 2\n4 Working out financial penalty—Act, s 9 (3) 2\nEndnotes\n1 About the endnotes 4\n2 Abbreviation key 4\n3 Legislation history 5\n4 Amendment history 5\n\n\n\nR1\n02/04/10\nProtection of Public Participation Regulation 2010\nEffective: 02/04/10\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nProtection of Public Participation\nRegulation 2010\nmade under the\nProtection of Public Participation Act 2008\n\nSection 1\npage 2 Protection of Public Participation Regulation 2010\nEffective: 02/04/10\nR1\n02/04/10\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of regulation\nThis regulation is the Protection of Public Participation\nRegulation 2010.\n3 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.\n4 Working out financial penalty—Act, s 9 (3)\n(1) In working out a financial penalty, a court must consider the\nfollowing matters:\n(a) the extent to which the defendant, or anyone else, is, or could\nbe, discouraged from engaging in public participation;\n(b) the costs and hardships imposed on the defendant by the\nimproper proceedings;\n(c) the extent to which the plaintiff benefited from the improper\nproceedings;\n(d) the effect on the defendant’s ability to engage in public\nparticipation;\n(e) the steps taken by the plaintiff and defendant to avoid\nlitigation.\n(2) The matters mentioned in subsection (1) do not limit the matters a\ncourt may consider in working out a financial penalty.\n(3) In working out a financial penalty, a court is not limited by—\n(a) any other proceeding under another territory law in relation to\nthe plaintiff’s conduct; or\n(b) any other penalty imposed on the plaintiff under territory law.\n\nSection 4\nR1\n02/04/10\nProtection of Public Participation Regulation 2010\nEffective: 02/04/10\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) In this section:\nimproper proceedings means proceedings started or maintained for\nan improper purpose.\nNote Improper purpose—see the Act, s 6.\n\nEndnotes\n1 About the endnotes\npage 4 Protection of Public Participation Regulation 2010\nEffective: 02/04/10\nR1\n02/04/10\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 and expiries are listed in the legislation history and\nthe amendment history. These details are underlined. Uncommenced provisions\nand amendments are not included in the republished law but are set out in the last\nendnote.\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\nam = amended ord = ordinance\namdt = amendment orig = original\nch = chapter par = paragraph/subparagraph\ndef = definition pres = present\ndict = dictionary prev = previous\ndisallowed = disallowed by the Legislative (prev...) = previously\nAssembly pt = part\ndiv = division r = rule/subrule\nexp = expires/expired renum = renumbered\nGaz = gazette reloc = relocated\nhdg = heading R[X] = Republication No\nIA = Interpretation Act 1967 RI = reissue\nins = inserted/added s = section/subsection\nLA = Legislation Act 2001 sch = schedule\nLR = legislation register sdiv = subdivision\nLRA = Legislation (Republication) Act 1996 sub = substituted\nmod = modified/modification SL = Subordinate Law\no = order underlining = whole or part not commenced\nom = omitted/repealed or to be expired\n\nEndnotes\nLegislation history 3\nR1\n02/04/10\nProtection of Public Participation Regulation 2010\nEffective: 02/04/10\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nProtection of Public Participation Regulation 2010 SL2010-10\nnotified LR 1 April 2010\ns 1, s 2 commenced 1 April 2010\nremainder commenced 2 April 2010 (s 2)\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\n© Australian Capital Territory 2010","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation remains tightly focused on its original purpose: providing methodology for calculating financial penalties under the parent Act. It has not expanded beyond this narrow technical function."},"complexity_factors":["Extremely short — only 4 substantive sections (1, 3, 4, plus definitions within s 4)","Single operative provision (section 4) containing only 5 mandatory considerations and 2 permissive clauses","Only 1 defined term ('improper proceedings') with a simple cross-reference to the parent Act","No nested exceptions, conditional logic, or intricate procedural requirements","Straightforward list structure (subsections (1)(a)-(e)) with clear 'do not limit' and 'not limited by' qualifiers","Minimal cross-referencing — only refers to parent Act sections 6 and 9(3)"],"plain_english_summary":"The regulation tells courts how to calculate financial penalties under the Protection of Public Participation Act 2008 when plaintiffs sue to silence public participation. It affects defendants targeted by such suits, plaintiffs who brought them, and judges who must apply the rules. Courts are guided to weigh harms to free speech and participation, the defendant’s costs and hardships, any benefit to the plaintiff, and whether parties tried to avoid litigation — ensuring meaningful consequences for abusive lawsuits."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation does not expand or narrow the Act’s substantive reach. It prescribes matters a court must consider when calculating a financial penalty for improper proceedings and preserves judicial discretion to consider additional matters (Regulation s 4(1)–(3); definition note referencing Act, s 6)."},"complexity_factors":["Very short, single‑topic instrument that lists factors for courts to consider (Regulation s 4(1))","Preserves broad judicial discretion by explicitly allowing other matters to be considered (s 4(2))","Cross‑references to the Act for authority and for the definition of ‘improper proceedings’ (Act, s 9(3); note referencing Act, s 6)","Interaction with other territory proceedings and penalties is addressed (court not limited by other proceedings or penalties) but not fully specified, requiring judicial judgment (s 4(3))","No mathematical formula or weighting for factors — practical calculation left to courts, which can create variability in outcomes (s 4(1)–(2))","Monetary impact depends on penalty‑unit values stated in the republication header (Legislation Act 2001 reference to penalty unit value)"],"plain_english_summary":"This regulation tells courts what to consider when fixing a financial penalty under the Protection of Public Participation Act (Act, s 9(3)). It applies where a plaintiff has started or maintained “improper proceedings” (see definition and Act, s 6). Courts must weigh discouragement of public participation, costs and hardships to the defendant, any benefit to the plaintiff, the effect on the defendant’s ability to participate, and steps taken to avoid litigation (Regulation, s 4(1)). The regulation guides judicial decision‑making about penalties."}},"importantCases":[],"_links":{"self":"/api/acts/protection-of-public-participation-regulation-2010","history":"/api/acts/protection-of-public-participation-regulation-2010/history","analysis":"/api/acts/protection-of-public-participation-regulation-2010/analysis","conflicts":"/api/acts/protection-of-public-participation-regulation-2010/conflicts","importantCases":"/api/acts/protection-of-public-participation-regulation-2010/important-cases","documents":"/api/acts/protection-of-public-participation-regulation-2010/documents"}}