{"id":"summary-offences-regulations-1994","name":"SUMMARY OFFENCES REGULATIONS 1994","slug":"summary-offences-regulations-1994","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177154,"registerId":"nt-summary-offences-regulations-1994-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"SUMMARY OFFENCES REGULATIONS 1994","content":"NORTHERN TERRITORY OF AUSTRALIA\nSUMMARY OFFENCES REGULATIONS 1994\nAs in force at 25 March 2024\nTable of provisions\n1 Citation ............................................................................................ 1\n2 Definitions ........................................................................................ 1\n3 Service of infringement notice ......................................................... 1\n4 Particulars to be shown in infringement notice ................................ 1\n4A Penalty ............................................................................................ 2\n6 Payment before expiry date of infringement notice ......................... 2\n7 General ............................................................................................ 3\n9 Prescribed offences ......................................................................... 3\n10 Review of decision to give notice..................................................... 4\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 25 March 2024\n____________________\nSUMMARY OFFENCES REGULATIONS 1994\nRegulations under the Summary Offences Act 1923\n1 Citation\nThese Regulations may be cited as the Summary Offences\nRegulations 1994.\n2 Definitions\nIn these Regulations, unless the contrary intention appears,\ninfringement notice means a notice issued under regulation 3.\n3 Service of infringement notice\nWhere a member believes a person has contravened or failed to\ncomply with section 47, 53(1)(a) or (7), 53A(2), 53B(3), 55, 65AA,\n65A, 66(1)(a), 76, 78, 82(1), (2) or (3), or 85 of the Act, the member\nmay serve an infringement notice on the person by:\n(a) personally handing it to the person;\n(b) posting it to the person at the person's last known postal\naddress, place of residence or business; or\n(c) leaving it for the person at the person's last known place of\nresidence or business with some other person apparently\nresident or employed there and apparently not less than\n16 years of age.\n4 Particulars to be shown in infringement notice\n(1) An infringement notice shall have clearly shown on it:\n(a) the date, time and place of the offence;\n(b) the nature of the offence or offences and the penalty or\npenalties payable;\n(c) the place or places at which a penalty may be paid;\n\nSummary Offences Regulations 1994 2\n(d) the date of the infringement notice and a statement that the\npenalty may be paid within 28 days after that date;\n(f) a statement to the effect that, if the appropriate amount\nspecified in the infringement notice as the penalty for the\noffence is tendered at the place referred to in the notice within\nthe time specified in the notice, no further action will be taken;\nand\n(g) such other particulars and instructions as the Commissioner\nmay approve.\n4A Penalty\nThe penalty payable under these Regulations in lieu of the penalty\nthat may otherwise be imposed in respect of an offence in respect\nof which an infringement notice has been served is:\n(a) for an alleged offence under section 53(1)(a), 65AA, 65A,\n66(1)(a), 76, 78, 82(1) to (3) or 85 of the Act – $144; or\n(b) for an alleged offence under section 53(7) of the Act – $288;\nor\n(c) for an alleged offence under section 47 or 55 of the Act –\n$432; or\n(d) for an alleged offence under section 53A(2) or 53B(3) of the\nAct – $576.\n6 Payment before expiry date of infringement notice\n(1) Subject to regulation 7, where, before the expiration of the period\nspecified in an infringement notice for the payment of a penalty, the\namount of the penalty shown on the notice is paid at a place\nspecified in the notice, the person to whom the infringement notice\nwas issued shall be deemed to have expiated the offence by\npayment of the penalty and no further proceedings shall be taken in\nrelation to the offence, unless the notice is, in accordance with\nregulation 5, withdrawn.\n(2) Where a person tenders a cheque in payment of a penalty under\nthis regulation at, or sends it by post to, a place specified in an\ninfringement notice as a place where the penalty may be paid,\npayment shall be deemed not to be made unless the cheque is\nhonoured on presentation.\n\nSummary Offences Regulations 1994 3\n7 General\nNothing in these Regulations:\n(a) prevents the service of more than one infringement notice in\nrelation to the same offence but it is sufficient for the\napplication of regulation 6 to a person on whom more than\none such notice has been served for that person to pay the\namount of the penalty in accordance with any one notice so\nserved on that person;\n(b) prejudices or affects (except as provided by regulation 6) the\ninstitution or prosecution of proceedings, or limits the amount\nof the fine that may be imposed by a court, in relation to an\noffence; or\n(c) shall be construed as requiring the serving of an infringement\nnotice or as affecting the liability of a person to be prosecuted\nin a court in relation to an offence in respect of which an\ninfringement notice has not been served.\n9 Prescribed offences\nAn offence against any of the following provisions is prescribed for\nsection 55A(10)(a) of the Act:\nCriminal Code sections 54, 55, 66, 73, 125B, 125D, 156,\n160, 165, 176, 177, 193B, 202B, 202C,\n202D, 208JA, 208JC, 208JD, 208JE,\n208JF, 208JG, 208JI, 218, 220, 221, 228,\n229, 231B and 231C\nsections 162 and 163 as in force\nimmediately before the commencement of\nthe Criminal Code Amendment (Criminal\nResponsibility Reform) Act 2005\nsections 211, 212 and 213 as in force\nimmediately before the commencement of\nsection 10 of the Criminal Code\nAmendment (Property Offences) Act 2022\nsections 125E, 131A and 132 as in force\nbefore the commencement of Part 2 of the\nCriminal Justice Legislation Amendment\n(Sexual Offences) Act 2023\nFirearms Act 1997 sections 61, 61A and 63A\n\nSummary Offences Regulations 1994 4\nMisuse of Drugs\nAct 1990\nPart II, Division 1 and section 11Y(1)\n10 Review of decision to give notice\n(1) A person who is given a notice under section 55A(1) of the Act may\napply to the Local Court for a review of the notice.\n(2) The applicant must do so within:\n(a) 21 days after receiving the notice; or\n(b) a longer period allowed by the Court.\n(3) Subject to any order made by the Court, the application stays the\noperation of the notice until the application is decided.\n(4) The Commissioner is a party to the proceedings for the review.\n(5) The Court may:\n(a) conduct the review in any way it considers appropriate; and\n(b) after considering evidence and representations brought before\nthe Court:\n(i) amend or revoke the notice if the Court considers it\nappropriate to do so; or\n(ii) otherwise – refuse the application.\n(6) In conducting the review, the Court must consider the matter afresh\nand is not bound by anything considered by the Commissioner.\n(7) Without limiting subregulation (6), the Court may:\n(a) admit evidence that was not considered by the Commissioner\nin giving the notice; and\n(b) refuse to admit evidence that was considered by the\nCommissioner in giving the notice.\n(8) If another person specified in the notice has also been given a\nnotice under section 55A(1) of the Act, the Court may amend or\nrevoke that other notice if the Court considers it appropriate to do\nso.\n(9) The Commissioner cannot be compelled to give evidence relating\nto the giving of the notice or the basis on which the notice was\ngiven.\n\nENDNOTES\nSummary Offences Regulations 1994 5\nENDNOTES\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nSummary Offences Regulations (SL No. 51, 1994)\nNotified 16 December 1994\nCommenced 16 December 1994\nAmendment of Summary Offences Regulations (SL No. 6, 1996)\nNotified 14 February 1996\nCommenced 26 February 1996 (r 1, s 2 Summary Offences Amendment\nAct 1995 (Act No. 61, 1995) and Gaz G7, 14 February 1996,\np 3)\nAmendments of Summary Offences Regulations (SL No. 13, 1996)\nNotified 10 April 1996\nCommenced 10 April 1996\nAmendments of Summary Offences Regulations (SL No. 53, 1996)\nNotified 29 November 1996\nCommenced 1 December 1996 (r 1, s 2 Summary Offences Amendment\nAct (No. 3)1996 (Act No. 46, 1996) and Gaz G48,\n27 November 1996, p 2)\nAmendment of Summary Offences Regulations (SL No. 2, 1997)\nNotified 5 March 1997\nCommenced 5 March 1997\nSummary Offences Amendment Regulations 2007 (SL No. 5, 2007)\nNotified 21 March 2007\nCommenced 21 March 2007\nLiquor and Other Legislation Amendment Act 2012 (Act No. 18, 2012)\nAssent date 22 May 2012\nCommenced pts 1 to 3, ss 15 and 29 and pts 5 and 6: 30 May 2012 (Gaz\nS25, 30 May 2012); rem: 27 July 2012 (Gaz S39,\n24 July 2012)\n\nENDNOTES\nSummary Offences Regulations 1994 6\nSummary Offences Amendment Regulations 2014 (SL No. 13, 2014)\nNotified 21 May 2014\nCommenced 21 May 2014\nJustice Legislation Amendment (Drug Offences) Act 2016 (Act No. 17, 2016)\nAssent date 8 June 2016\nCommenced s 17 (to ext ins new s 15): 10 October 2016; rem: 18 July 2016\n(Gaz S67, 18 July 2016)\nCriminal Code Amendment (Property Offences) Act 2022 (Act No. 24, 2022)\nAssent date 31 October 2022\nCommenced 30 April 2023 (Gaz G8, 13 April 2023, p 1)\nCriminal Justice Legislation Amendment (Sexual Offences) Act 2023 (Act No. 20, 2023)\nAssent date 17 August 2023\nCommenced 25 March 2024 (Gaz S20, 22 March 2024)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: rr 1 and 9 .\n4 LIST OF AMENDMENTS\nr 3 amd No. 13, 1996, r 1; No. 53, 1996, r 2; Act No. 18, 2012, s 33; No. 13,\n2014, r 3\nr 4 amd No. 13, 1996, r 2\nr 4A ins No. 13, 1996, r 3\namd No. 53, 1996, r 3; No. 13, 2014, r 4\nr 5 rep No. 13, 1996, r 4\nr 7 amd No. 13, 1996, r 5\nr 8 ins No. 6, 1996, r 2\nrep Act No. 18, 2012, s 34\nr 9 ins No. 5, 2007, r 3\namd Act No. 17, 2016, s 46; Act No. 24, 2022, s 35; Act No. 20, 2023, s 54\nr 10 ins No. 5, 2007, r 3\nsch ins No. 6, 1996, r 2\namd No. 2, 1997\nrep Act No. 18, 2012, s 35","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The regulations have expanded significantly beyond their original purpose of simply administering infringement notices for the Summary Offences Act. Regulation 9 now incorporates offences from multiple other Acts (Criminal Code, Firearms Act 1997, Misuse of Drugs Act 1990) and includes complex transitional provisions referencing historical versions of legislation (e.g., sections \"as in force immediately before the commencement of...\" various amending Acts). Additionally, Regulation 10 introduces a court review mechanism for notices under section 55A(1), which appears to be a more recent administrative law addition not present in the original 1994 regulations."},"complexity_factors":["Short length (10 regulations plus endnotes)","Only 1 defined term ('infringement notice')","Minimal cross-referencing (primarily to the Summary Offences Act 1923 and specific sections thereof)","Straightforward conditional logic (if-then payment structures)","Simple procedural framework for service of notices and payment","Regulation 9 contains a list of prescribed offences with historical version references (\"as in force immediately before...\") which adds slight complexity"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set up a system for dealing with minor offences in the Northern Territory without going to court. They allow police officers (\"members\") to issue **infringement notices** (on-the-spot fines) for certain minor crimes instead of arresting people or taking them to court.\n\n**Key features:**\n\n*   **Who can issue fines:** Police officers who believe someone has broken specific laws (mostly minor public order offences under the Summary Offences Act 1923).\n*   **How fines are delivered:** In person, by post, or left with someone at the person's home or workplace who appears to be at least 16 years old.\n*   **What's in a fine notice:** The date, time, place and nature of the offence; how much to pay; where to pay; and a warning that paying within 28 days means no further action will be taken.\n*   **How much:** Fixed penalties ranging from $144 to $576 depending on the offence (as of the current version).\n*   **Paying the fine:** If you pay within 28 days, the matter is settled (\"expiated\") and you won't be prosecuted. If you don't pay, you can still be taken to court and face higher penalties.\n*   **Court review:** If you receive a notice under section 55A(1) (a specific type of notice), you can apply to the Local Court within 21 days to have the decision reviewed. The Court can amend, cancel, or uphold the notice.\n*   **Prescribed offences:** The regulations also list specific serious offences from other laws (Criminal Code, Firearms Act, Misuse of Drugs Act) that are treated in a particular way for the purposes of section 55A(10)(a) of the Act.\n\n**Why it matters:**\n\nThis system keeps minor matters out of the courts, saving time and money for both the justice system and offenders. However, it gives police significant discretion to issue fines, and the regulations preserve the right to challenge decisions through court review."},"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":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the limited metadata available, there is no evidence that the scope of these regulations has changed from their original intent. The reprint designation (REPS021R1) suggests the regulations have been updated over time to incorporate amendments, but a reprint does not itself indicate a change in scope. Insufficient detail is provided in the document to make a definitive assessment of scope evolution."},"complexity_factors":["The document provided contains minimal substantive content — only metadata and administrative information, making it impossible to assess the complexity of the actual regulatory provisions","Subordinate legislation (regulations) is typically less complex than primary Acts, as it deals with procedural and administrative detail rather than foundational legal principles","Summary offences are by design a simplified area of law, reducing inherent complexity","The regulations have been in force since 1994 and reprinted, suggesting they are an established and relatively settled body of rules","Lack of visible content about specific offences, penalties, or procedures prevents a higher complexity rating"],"plain_english_summary":"These regulations, made under the Summary Offences Act (ACT) and administered by the Attorney‑General’s Department, set out the practical rules for handling minor criminal matters — public order, offensive behaviour and similar summary offences. They affect members of the public, police, legal practitioners and government agencies by prescribing procedures, forms and fees that govern how these offences are processed. The current reprinted version commenced on 25 March 2024."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Regulations have been amended since enactment to add and vary substantive elements: a penalty schedule was inserted (reg 4A), prescribed offences were expanded (reg 9 inserted), and a Local Court review procedure was added (reg 10 inserted). The endnotes record multiple amendments (No.13/1996, No.5/2007, others) that broadened which offences may be dealt with by infringement notice and set specific penalty amounts, changing the original regulatory scope."},"complexity_factors":["Cross‑references to multiple substantive provisions across the Summary Offences Act, Criminal Code, Firearms Act and Misuse of Drugs Act (reg 3, r 9)","Tiered fixed penalties with different amounts linked to particular offence provisions (reg 4A)","Procedural detail on service methods and payment/expiation mechanics, including cheque dishonour rule (rr 3, 6)","Interaction between administrative expiation and preserved court prosecution rights (r 7)","Commissioner discretion to approve ‘other particulars and instructions’ on notices (r 4(1)(g))","Local Court review is de novo with evidentiary discretions and the Commissioner as a party (r 10)","Amendment history and inserted/repealed provisions require reading historical notes to track scope changes"],"plain_english_summary":"These Regulations set the practical rules for issuing and dealing with infringement notices under the Summary Offences Act: how a member may serve a notice, what must be shown on it, fixed penalty amounts for specified offences, payment and expiation rules, and a right to Local Court review. They affect people alleged to have committed the listed summary offences, the members who issue notices, and the Commissioner who approves notice particulars. Offenders can discharge liability by paying the stated penalty; the Court may rehear reviews afresh."}},"importantCases":[],"_links":{"self":"/api/acts/summary-offences-regulations-1994","history":"/api/acts/summary-offences-regulations-1994/history","analysis":"/api/acts/summary-offences-regulations-1994/analysis","conflicts":"/api/acts/summary-offences-regulations-1994/conflicts","importantCases":"/api/acts/summary-offences-regulations-1994/important-cases","documents":"/api/acts/summary-offences-regulations-1994/documents"}}