1Magistrates Court (Heritage Infringement Notices) Regulation 2020

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Magistrates Court (Heritage Infringement Notices) Regulation 2020 SL2020-5 made under the Magistrates Court Act 1930 Republication No 1 Effective: 21 February 2020 Republication date: 21 February 2020 Regulation not amended

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 (Heritage Infringement Notices) Regulation 2020, 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 21 February 2020. It also includes any commencement, repeal or expiry affecting this republished law. 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 amendments 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).

R1 21/02/20 Magistrates Court (Heritage Infringement Notices) Regulation 2020 Effective: 21/02/20 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Magistrates Court (Heritage Infringement Notices) Regulation 2020 made under the Magistrates Court Act 1930 Contents Page 1 Name of regulation 2 3 Dictionary 2 4 Notes 2 5 Purpose of regulation 2 6 Administering authority 3 7 Infringement notice offences 3 8 Infringement notice penalties 3 9 Contents of infringement notices—identifying authorised person 3 10 Contents of infringement notices—other information 4 11 Contents of reminder notices—identifying authorised person 4

Contents Page contents 2 Magistrates Court (Heritage Infringement Notices) Regulation 2020 Effective: 21/02/20 R1 21/02/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 12 Authorised people for infringement notice offences 4 Schedule 1 Heritage Act 2004 infringement notice offences and penalties 5 Dictionary 6 Endnotes 1 About the endnotes 7 2 Abbreviation key 7 3 Legislation history 8 4 Amendment history 8

R1 21/02/20 Magistrates Court (Heritage Infringement Notices) Regulation 2020 Effective: 21/02/20 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Magistrates Court (Heritage Infringement Notices) Regulation 2020 made under the Magistrates Court Act 1930

Section 1 page 2 Magistrates Court (Heritage Infringement Notices) Regulation 2020 Effective: 21/02/20 R1 21/02/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 1 Name of regulation This regulation is the Magistrates Court (Heritage Infringement Notices) Regulation 2020. 3 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 person—see the Heritage Act 2004, dictionary.’ means that the term ‘authorised person’ 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)). 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 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 Heritage Act 2004. 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.

Section 6 R1 21/02/20 Magistrates Court (Heritage Infringement Notices) Regulation 2020 Effective: 21/02/20 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 Heritage Act 2004 is the director-general for that Act. 7 Infringement notice offences The Magistrates Court Act 1930, part 3.8 applies to an offence against a provision of the Heritage Act 2004 mentioned in schedule 1, column 2. 8 Infringement notice penalties (1) The penalty payable by an individual for an offence against the Heritage Act 2004, 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 Heritage Act 2004, 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 Heritage Act 2004 is $34. 9 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 Heritage Act 2004 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.

Section 10 page 4 Magistrates Court (Heritage Infringement Notices) Regulation 2020 Effective: 21/02/20 R1 21/02/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 10 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 Heritage Act 2004 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. 11 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 Heritage Act 2004 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. 12 Authorised people for infringement notice offences An authorised person may serve the following: (a) an infringement notice for an infringement notice offence against the Heritage Act 2004; (b) a reminder notice for an infringement notice offence against the Heritage Act 2004.

Heritage Act 2004 infringement notice offences and penalties Schedule 1 R1 21/02/20 Magistrates Court (Heritage Infringement Notices) Regulation 2020 Effective: 21/02/20 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Heritage Act 2004 infringement notice offences and penalties (see s 7 and s 8) column 1 item column 2 offence provision column 3 offence penalty (penalty units) column 4 infringement penalty ($) 1 74 (3) 100 1 000 2 75 (3) 100 1 000

Dictionary page 6 Magistrates Court (Heritage Infringement Notices) Regulation 2020 Effective: 21/02/20 R1 21/02/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 3) 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: • corporation • Corporations Act • director-general (see s 163) • 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 • infringement notice • infringement notice offence • infringement notice penalty • reminder notice. authorised person—see the Heritage Act 2004, dictionary.

Endnotes About the endnotes 1 R1 21/02/20 Magistrates Court (Heritage Infringement Notices) Regulation 2020 Effective: 21/02/20 page 7 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 3 Legislation history page 8 Magistrates Court (Heritage Infringement Notices) Regulation 2020 Effective: 21/02/20 R1 21/02/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Magistrates Court (Heritage Infringement Notices) Regulation 2020 SL2020-5 notified LR 20 February 2020 s 1, s 2 commenced 20 February 2020 (LA s 75 (1)) remainder commenced 21 February 2020 (s 2) 4 Amendment history Commencement s 2 om LA s 89 (4) © Australian Capital Territory 2020