1Magistrates Court (Crimes Infringement Notices) Regulation 2008

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Magistrates Court (Crimes Infringement Notices) Regulation 2008 SL2008-14 made under the Magistrates Court Act 1930 Republication No 4 Effective: 14 November 2019 Republication date: 14 November 2019 Last amendment made by A2019-42

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Magistrates Court (Crimes Infringement Notices) Regulation 2008, made under the Magistrates Court Act 1930 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 14 November 2019. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 14 November 2019. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R4 14/11/19 Magistrates Court (Crimes Infringement Notices) Regulation 2008 Effective: 14/11/19 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Magistrates Court (Crimes Infringement Notices) Regulation 2008 made under the Magistrates Court Act 1930 Contents Page 1 Name of regulation 2 3 Purpose of regulation 2 4 Dictionary 2 5 Notes 2 6 Administering authority 2 7 Service of infringement notices, Act, s 120––belief about age of individual 3 8 Service of infringement notices, Act, s 120––witnessing conduct 3 9 Infringement notice offences 3 10 Infringement notice penalties 3

Contents Page contents 2 Magistrates Court (Crimes Infringement Notices) Regulation 2008 Effective: 14/11/19 R4 14/11/19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 11 Contents of infringement notices—other information 4 12 Contents of infringement notices—identifying authorised person 4 13 Contents of reminder notices—identifying authorised person 5 14 Authorised people for infringement notice offences 5 Schedule 1 Crimes Act infringement notice offences and penalties 6 Dictionary 7 Endnotes 1 About the endnotes 8 2 Abbreviation key 8 3 Legislation history 9 4 Amendment history 9 5 Earlier republications 10

R4 14/11/19 Magistrates Court (Crimes Infringement Notices) Regulation 2008 Effective: 14/11/19 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Magistrates Court (Crimes Infringement Notices) Regulation 2008 made under the Magistrates Court Act 1930

Section 1 page 2 Magistrates Court (Crimes Infringement Notices) Regulation 2008 Effective: 14/11/19 R4 14/11/19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 1 Name of regulation This regulation is the Magistrates Court (Crimes Infringement Notices) Regulation 2008. 3 Purpose of regulation The purpose of this regulation is to provide for infringement notices under the Magistrates Court Act 1930, part 3.8 for certain offences against the Crimes Act. Note The Magistrates Court Act 1930, pt 3.8 provides a system of infringement notices for offences against various Acts. The infringement notice system is intended to provide an alternative to prosecution. 4 Dictionary The dictionary at the end of this regulation is part of this regulation. Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation. Note 2 A definition in the dictionary applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 5 Notes A note included in this regulation is explanatory and is not part of this regulation. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. 6 Administering authority The administering authority for an infringement notice offence against the Crimes Act is the chief police officer.

Section 7 R4 14/11/19 Magistrates Court (Crimes Infringement Notices) Regulation 2008 Effective: 14/11/19 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 7 Service of infringement notices, Act, s 120––belief about age of individual An authorised person is taken to have reasonable grounds for believing that an individual is of a particular age if the authorised person sees evidence of the individual’s identity and age. Note 1 The infringement notice offence in schedule 1 applies except where an individual is under 16 years old. Note 2 Under the Act, s 120 the authorised person must believe on reasonable grounds that a person has committed an infringement notice offence, before serving an infringement notice on the person for the offence. 8 Service of infringement notices, Act, s 120––witnessing conduct An authorised person is taken not to have reasonable grounds for believing that a person committed an infringement notice offence unless the authorised person witnessed the person committing the offence. 9 Infringement notice offences The Magistrates Court Act 1930, part 3.8 applies to an offence against a provision of the Crimes Act mentioned in schedule 1, column 2. 10 Infringement notice penalties (1) The penalty payable by an individual for an offence against the Crimes Act, under an infringement notice for the offence, is the amount mentioned in schedule 1, column 4 for the offence. (2) The penalty payable by a corporation for an offence against the Crimes Act, under an infringement notice for the offence, is 5 times the amount mentioned in schedule 1, column 4 for the offence. (3) The cost of serving a reminder notice for an infringement notice offence against the Crimes Act is $34.

Section 11 page 4 Magistrates Court (Crimes Infringement Notices) Regulation 2008 Effective: 14/11/19 R4 14/11/19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 11 Contents of infringement notices—other information An infringement notice served on a person by an authorised person for an infringement notice offence against the Crimes Act must include— (a) if the person is a company registered under the Corporations Act—the company’s ACN; or (b) if the person is a partner in a partnership—the partnership’s name. Note The requirement under this section is additional to the requirement under the Magistrates Court Act 1930, s 121 (1) (c). 12 Contents of infringement notices—identifying authorised person An infringement notice served on a person by an authorised person for an infringement notice offence against the Crimes Act must identify the authorised person by— (a) for an authorised person who is a police officer––the police officer’s service number; or (b) for an authorised person under the Litter Act 2004, section 14 (Appointment of authorised people)–– (i) the authorised person’s full name, or surname and initials; or (ii) any unique number given, for this regulation, to the authorised person by the administering authority.

Section 13 R4 14/11/19 Magistrates Court (Crimes Infringement Notices) Regulation 2008 Effective: 14/11/19 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 13 Contents of reminder notices—identifying authorised person A reminder notice served on a person by an authorised person for an infringement notice offence against the Crimes Act must identify the authorised person by— (a) for an authorised person who is a police officer––the police officer’s service number; or (b) for an authorised person under the Litter Act 2004, section 14 (Appointment of authorised people)–– (i) the authorised person’s full name, or surname and initials; or (ii) any unique number given, for this regulation, to the authorised person by the administering authority. 14 Authorised people for infringement notice offences (1) A police officer may serve the following: (a) an infringement notice for an infringement notice offence against the Crimes Act; (b) a reminder notice for an infringement notice offence against the Crimes Act. (2) An authorised person under the Litter Act 2004, section 14 (Appointment of authorised people) may serve the following: (a) an infringement notice for an infringement notice offence against the Crimes Act, section 120; (b) a reminder notice for an infringement notice offence against the Crimes Act, section 120. Note For how documents may be served, see the Legislation Act, pt 19.5.

Schedule 1 Crimes Act infringement notice offences and penalties page 6 Magistrates Court (Crimes Infringement Notices) Regulation 2008 Effective: 14/11/19 R4 14/11/19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Crimes Act infringement notice offences and penalties (see s 9 and s 10) column 1 item column 2 offence provision and case column 3 offence penalty (penalty units) column 4 infringement penalty ($) 1 120, except where individual is under 16 years old 10 200 2 179, except where individual is under 16 years old 2 60 3 393A, except where individual is under 16 years old 10 200 4 394 (2), except where individual is under 16 years old 10 200

Dictionary R4 14/11/19 Magistrates Court (Crimes Infringement Notices) Regulation 2008 Effective: 14/11/19 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 4) Note 1 The Legislation Act contains definitions and other provisions relevant to this regulation. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • chief police officer • corporation • Corporations Act • individual • police officer. Note 3 Terms used in this regulation have the same meaning that they have in the Magistrates Court Act 1930 (see Legislation Act, s 148). For example, the following terms are defined in the Magistrates Court Act 1930, dict: • administering authority • authorised person • infringement notice • infringement notice offence • reminder notice. Crimes Act means the Crimes Act 1900.

Endnotes 1 About the endnotes page 8 Magistrates Court (Crimes Infringement Notices) Regulation 2008 Effective: 14/11/19 R4 14/11/19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes Legislation history 3 R4 14/11/19 Magistrates Court (Crimes Infringement Notices) Regulation 2008 Effective: 14/11/19 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Magistrates Court (Crimes Infringement Notices) Regulation 2008 SL2008-14 notified LR 14 April 2008 s 1, s 2 commenced 14 April 2008 (LA s 75 (1)) remainder commenced 16 April 2008 (s 2 and see Crimes Amendment Act 2008 A2008-6 s 2) as amended by Statute Law Amendment Act 2015 A2015-15 sch 3 pt 3.16 notified LR 27 May 2015 s 1, s 2 commenced 27 May 2015 (LA s 75 (1)) sch 3 pt 3.16 commenced 10 June 2015 (s 2) Crimes (Serious and Organised Crime) Legislation Amendment Act 2016 A2016-48 pt 9 notified LR 23 August 2016 s 1, s 2 commenced 23 August 2016 (LA s 75 (1)) pt 9 commenced 24 August 2016 (s 2 (1)) Statute Law Amendment Act 2019 A2019-42 sch 3 pt 3.18 notified LR 31 October 2019 s 1, s 2 commenced 31 October 2019 (LA s 75 (1)) sch 3 pt 3.18 commenced 14 November 2019 (s 2 (1)) 4 Amendment history Commencement s 2 om LA s 89 (4) Authorised people for infringement notice offences s 14 am A2015-15 amdts 3.76-3.79 Crimes Act infringement notice offences and penalties sch 1 am A2016-48 s 38; items renum R3 LA; A2019-42 amdt 3.76

Endnotes 5 Earlier republications page 10 Magistrates Court (Crimes Infringement Notices) Regulation 2008 Effective: 14/11/19 R4 14/11/19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 16 Apr 2008 16 Apr 2008– 9 June 2015 not amended new regulation R2 10 June 2015 10 June 2015– 23 Aug 2016 A2015-15 amendments by A2015-15 R3 24 Aug 2016 24 Aug 2016– 13 Nov 2019 A2016-48 amendments by A2016-48 © Australian Capital Territory 2019