Australian Capital Territory
Magistrates Court (Food Infringement
Notices) Regulation 2005
SL2005-30
made under the
Magistrates Court Act 1930
Republication No 5
Effective: 10 June 2015
Republication date: 10 June 2015
Last amendment made by A2015-15
Authorised by the ACT Parliamentary Counsel
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 (Food Infringement Notices) Regulation 2005,
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 10 June 2015. It also
includes any commencement, amendment, repeal or expiry affecting this republished law to
10 June 2015.
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 $150 for
an individual and $750 for a corporation (see Legislation Act 2001, s 133).
R5
10/06/15
Magistrates Court (Food Infringement Notices)
Regulation 2005
Effective: 10/06/15
contents 1
Authorised by the ACT Parliamentary Counsel—also accessible at
Australian Capital Territory
Magistrates Court (Food Infringement
Notices) Regulation 2005
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 3
7 Infringement notice offences 3
8 Infringement notice penalties 3
9 Contents of infringement notices—identifying particulars for person
served 3
10 Contents of infringement notices—other information 4
Contents
Page
contents 2 Magistrates Court (Food Infringement Notices)
Regulation 2005
Effective: 10/06/15
R5
10/06/15
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
11 Contents of infringement notices—identifying authorised person 4
12 Contents of reminder notices—identifying authorised person 5
13 Costs if liability disputed 5
14 Authorised people for infringement notice offences 5
Schedule 1 Food 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 10
5 Earlier republications 10
R5
10/06/15
Magistrates Court (Food Infringement Notices)
Regulation 2005
Effective: 10/06/15
page 1
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Magistrates Court (Food Infringement
Notices) Regulation 2005
made under the
Magistrates Court Act 1930
Section 1
page 2 Magistrates Court (Food Infringement Notices)
Regulation 2005
Effective: 10/06/15
R5
10/06/15
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
1 Name of regulation
This regulation is the Magistrates Court (Food Infringement
Notices) Regulation 2005.
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 Food 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, and includes references (signpost definitions) to other
terms defined elsewhere.
For example, the signpost definition ‘authorised officer—see the Food
Act, dictionary.’ means that the term ‘authorised officer’ is defined in
that dictionary and the definition applies to this regulation.
Note 2 A definition in the dictionary (including a signpost definition) 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.
Section 6
R5
10/06/15
Magistrates Court (Food Infringement Notices)
Regulation 2005
Effective: 10/06/15
page 3
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
6 Administering authority
The administering authority for an infringement notice offence
against the Food Act is the chief health officer.
7 Infringement notice offences
The Magistrates Court Act 1930, part 3.8 applies to an offence
against a provision of the Food Act mentioned in schedule 1,
column 2.
8 Infringement notice penalties
(1) The penalty payable by an individual for an offence against the
Food 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
Food 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 Food Act is $34.
9 Contents of infringement notices—identifying particulars
for person served
An infringement notice served on a person by an authorised person
for an infringement notice offence against the Food Act must
identify the person served as follows:
(a) if the person has given notice under the Food Act,
section 90 (1) (Notification of conduct of exempt food
businesses)—the name given by the person;
Section 10
page 4 Magistrates Court (Food Infringement Notices)
Regulation 2005
Effective: 10/06/15
R5
10/06/15
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(b) if the person is a proprietor of a food business registered under
the Food Act, section 92 (3) (Registration of food
businesses)—
(i) the name of the proprietor of the food business shown on
the certificate of registration; or
(ii) the registration number shown on the certificate of
registration;
(c) if the offence to which the infringement notice relates involves
a food transport vehicle—the registration number of the
vehicle.
10 Contents of infringement notices—other information
(1) If an infringement notice is served on a person for an offence
against the Food Act, section 27 (1), (2), (3) or (4), the notice must
mention each provision of the food standards code that the person
has contravened.
(2) An infringement notice served on a company by an authorised
person for an infringement notice offence against the Food Act 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).
(3) In this section:
company means a company registered under the Corporations Act.
11 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 Food Act must
identify the authorised person by—
(a) the authorised person’s full name, or surname and initials; or
Section 12
R5
10/06/15
Magistrates Court (Food Infringement Notices)
Regulation 2005
Effective: 10/06/15
page 5
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(b) any unique number given, for this regulation, to the authorised
person by the administering authority.
12 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 Food Act must identify the
authorised person by—
(a) the authorised person’s full name, or surname and initials; or
(b) any unique number given, for this regulation, to the authorised
person by the administering authority.
13 Costs if liability disputed
The cost of beginning a proceeding is $200.
14 Authorised people for infringement notice offences
An authorised officer may serve the following:
(a) an infringement notice for an infringement notice offence
against the Food Act;
(b) a reminder notice for an infringement notice offence against
the Food Act.
Note For how documents may be served, see the Legislation Act, pt 19.5.
Dictionary
R5
10/06/15
Magistrates Court (Food Infringement Notices)
Regulation 2005
Effective: 10/06/15
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 health officer
corporation
Corporations Act
individual.
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.
authorised officer—see the Food Act, dictionary.
certificate of registration, for a food business—see the Food Act,
dictionary.
Food Act means the Food Act 2001.
food business—see the Food Act, section 10.
food standards code—see the Food Act, dictionary.
food transport vehicle—see the Food Act, dictionary.
proprietor, of a food business—see the Food Act, dictionary.
Endnotes
1 About the endnotes
page 8 Magistrates Court (Food Infringement Notices)
Regulation 2005
Effective: 10/06/15
R5
10/06/15
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
R5
10/06/15
Magistrates Court (Food Infringement Notices)
Regulation 2005
Effective: 10/06/15
page 9
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
3 Legislation history
Magistrates Court (Food Infringement Notices) Regulation 2005
SL2005-30
notified LR 10 November 2005
s 1, s 2 commenced 10 November 2005 (LA s 75 (1))
remainder commenced 12 November 2005 (s 2 and see Statute Law
Amendment Act 2005 A2005-20, s 2 (2) and LA s 79)
as amended by
Justice and Community Safety Legislation Amendment Act 2008
A2008-7 sch 1 pt 1.14
notified LR 16 April 2008
s 1, s 2 commenced 16 April 2008 (LA s 75 (1))
sch 1 pt 1.14 commenced 7 May 2008 (s 2)
Food (Nutritional Information) Amendment Act 2011 A2011-32 sch 1
notified LR 5 September 2011
s 1, s 2 commenced 5 September 2011 (LA s 75 (1))
sch 1 commenced 1 January 2013 (s 2)
Food Amendment Act 2012 A2012-4 sch 2 pt 2.2
notified LR 1 March 2012
s 1, s 2 commenced 1 March 2012 (LA s 75 (1))
sch 2 pt 2.2 commenced 2 March 2012 (s 2 (1))
Statute Law Amendment Act 2015 A2015-15 sch 3 pt 3.24
notified LR 27 May 2015
s 1, s 2 commenced 27 May 2015 (LA s 75 (1))
sch 3 pt 3.24 commenced 10 June 2015 (s 2)