Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Magistrates Court (Dangerous
Substances Infringement Notices)
Regulation 2004
SL2004-18
made under the
Magistrates Court Act 1930
Republication No 9
Effective: 29 March 2018
Republication date: 29 March 2018
Last amendment made by A2018-8
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 (Dangerous Substances Infringement Notices)
Regulation 2004, 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 29 March 2018. It
also includes any commencement, amendment, repeal or expiry affecting this republished law
to 29 March 2018.
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 includes 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 $150 for
an individual and $750 for a corporation (see Legislation Act 2001, s 133).
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Magistrates Court (Dangerous Substances Infringement
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contents 1
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Magistrates Court (Dangerous
Substances Infringement Notices)
Regulation 2004
made under the
Magistrates Court Act 1930
Contents
Page
1 Name of regulation 2
3 Purpose of regulation 2
4 Notes 2
5 Meaning of dangerous substances legislation 2
6 Administering authority 2
7 Infringement notice offences 3
8 Infringement notice penalties 3
9 Contents of infringement notices—other information 3
10 Contents of infringement notices—identifying person serving notice 4
Contents
Page
contents 2 Magistrates Court (Dangerous Substances Infringement
Notices) Regulation 2004
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11 Contents of reminder notices—identifying person serving notice 4
12 Authorised people for infringement notice offences 5
Schedule 1 Dangerous substances legislation
infringement notice offences and penalties 6
Part 1.1 Dangerous Substances Act 2004 6
Part 1.2 Dangerous Substances (Explosives) Regulation 2004 7
Part 1.3 Dangerous Substances (General) Regulation 2004 10
Endnotes
1 About the endnotes 11
2 Abbreviation key 11
3 Legislation history 12
4 Amendment history 14
5 Earlier republications 15
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page 1
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Magistrates Court (Dangerous
Substances Infringement Notices)
Regulation 2004
made under the
Magistrates Court Act 1930
Section 1
page 2 Magistrates Court (Dangerous Substances Infringement
Notices) Regulation 2004
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Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
1 Name of regulation
This regulation is the Magistrates Court (Dangerous Substances
Infringement Notices) Regulation 2004.
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 dangerous substances legislation.
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 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.
5 Meaning of dangerous substances legislation
In this regulation:
dangerous substances legislation means—
(a) the Dangerous Substances Act 2004; and
(b) the Dangerous Substances (Explosives) Regulation 2004; and
(c) the Dangerous Substances (General) Regulation 2004.
6 Administering authority
The administering authority for an infringement notice offence
against the dangerous substances legislation is the director-general
for the Dangerous Substances Act 2004.
Section 7
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7 Infringement notice offences
The Magistrates Court Act 1930, part 3.8 applies to an offence
against a provision of the dangerous substances legislation
mentioned in schedule 1, column 2.
8 Infringement notice penalties
(1) The penalty payable by an individual for an offence against the
dangerous substances legislation, 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
dangerous substances legislation, 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 dangerous substances legislation is $34.
9 Contents of infringement notices—other information
(1) An infringement notice served on a company by an authorised
person for an infringement notice offence against the dangerous
substances legislation must include the company’s ACN.
Note The requirement under this section is additional to the requirement
under the Magistrates Court Act 1930, s 121 (1) (c).
(2) In this section:
company means a company registered under the Corporations Act.
Section 10
page 4 Magistrates Court (Dangerous Substances Infringement
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10 Contents of infringement notices—identifying person
serving notice
An infringement notice served on a person by an authorised person
for an infringement notice offence against the dangerous substances
legislation 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 who is an inspector under the
Dangerous Substances Act 2004, section 207 (1) (b)—
(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.
11 Contents of reminder notices—identifying person serving
notice
A reminder notice served on a person by an authorised person for an
infringement notice offence against the dangerous substances
legislation 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 who is an inspector under the
Dangerous Substances Act 2004, section 207 (1) (b)—
(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 12
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12 Authorised people for infringement notice offences
An inspector under the Dangerous Substances Act 2004, section 207
may serve the following:
(a) an infringement notice for an infringement notice offence
against the dangerous substances legislation;
(b) a reminder notice for an infringement notice offence against
the dangerous substances legislation.
Note The Dangerous Substances Act 2004, s 207 provides that police officers
and public servants appointed under s 207 (2) are inspectors for the Act.
Endnotes
About the endnotes 1
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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
3 Legislation history
page 12 Magistrates Court (Dangerous Substances Infringement
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3 Legislation history
This regulation was originally the Magistrates Court (Dangerous Substances
Infringement Notices) Regulations 2004. It was renamed under the Legislation
Act 2001.
Magistrates Court (Dangerous Substances Infringement Notices)
Regulation 2004 SL2004-18
notified LR 4 June 2004
s 1, s 2 commenced 4 June 2004 (LA s 75 (1))
remainder commenced 5 June 2004 (s 2)
as amended by
Magistrates Court (Occupational Health and Safety Infringement
Notices) Regulation 2004 SL2004-32 s 13
notified LR 4 August 2004
s 1, s 2 commenced 4 August 2004 (LA s 75 (1))
s 13 commenced 5 August 2004 (s 2 and see Occupational Health and
Safety Amendment Act 2004 A2004-29 s 2 (1))
Magistrates Court (Dangerous Substances Infringement Notices)
Amendment Regulation 2005 (No 1) SL2005-24
notified LR 15 September 2005
s 1, s 2 commenced 15 September 2005 (LA s 75 (1))
remainder commenced 16 September 2005 (s 2)
Dangerous Substances (Explosives) Amendment Regulation 2009
(No 1) SL2009-26 s 13
notified LR 2 June 2009
s 1, s 2 commenced 2 June 2009 (LA s 75 (1))
s 13 commenced 3 June 2009 (s 2)
Dangerous Substances (Explosives) Amendment Regulation 2009
(No 2) SL2009-43 s 27
notified LR 26 August 2009
s 1, s 2 commenced 26 August 2009 (LA s 75 (1))
s 27 commenced 27 August 2009 (s 2)
Endnotes
Legislation history 3
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Administrative (One ACT Public Service Miscellaneous Amendments)
Act 2011 A2011-22 sch 1 pt 1.101
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.101 commenced 1 July 2011 (s 2 (1))
Statute Law Amendment Act 2015 A2015-15 sch 3 pt 3.18
notified LR 27 May 2015
s 1, s 2 commenced 27 May 2015 (LA s 75 (1))
sch 3 pt 3.18 commenced 10 June 2015 (s 2)
Work Health and Safety Legislation Amendment Act 2018 A2018-8
sch 1 pt 1.4
notified LR 5 March 2018
s 1, s 2 commenced 5 March 2018 (LA s 75 (1))
sch 1 pt 1.4 commenced 29 March 2018 (s 2)
Endnotes
4 Amendment history
page 14 Magistrates Court (Dangerous Substances Infringement
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4 Amendment history
Name of regulation
s 1 am R3 LA
Commencement
s 2 om LA s 89 (4)
Meaning of dangerous substances legislation
s 5 am SL2005-24 s 4, s 5
Administering authority
s 6 am A2011-22 amdt 1.313
Contents of infringement notices—identifying person serving notice
s 10 am SL2004-32 s 13
sub SL2005-24 s 6
Contents of reminder notices—identifying person serving notice
s 11 am SL2004-32 s 13
sub SL2005-24 s 6
Authorised people for infringement notice offences
s 12 am A2015-15 amdt 3.89, amdt 3.90
Dangerous Substances (Explosives) Regulation 2004
sch 1 pt 1.2 am SL2005-24 s 7, s 8; SL2009-26 s 13; items renum R5 LA;
SL2009-43 s 27; items renum R6 LA; A2015-15 amdt 3.91
Dangerous Substances (General) Regulation 2004
sch 1 pt 1.3 ins SL2005-24 s 9
am A2018-8 amdt 1.21; items renum R9 LA