Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Magistrates Court (Lakes Infringement
Notices) Regulation 2004
SL2004-4
made under the
Magistrates Court Act 1930
Republication No 8
Effective: 20 August 2019
Republication date: 20 August 2019
Last amendment made by SL2019-20
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 (Lakes 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 20 August 2019. It also
includes any commencement, amendment, repeal or expiry affecting this republished law to
20 August 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).
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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 (Lakes Infringement
Notices) Regulation 2004
made under the
Magistrates Court Act 1930
Contents
Page
1 Name of regulation 2
2 Dictionary 2
3 Purpose of regulation 2
4 Notes 2
5 Administering authority 3
6 Infringement notice offences 3
7 Infringement notice penalties 3
8 Contents of infringement notices—other information 3
9 Contents of infringement notices—identifying authorised person 4
10 Contents of reminder notices—identifying authorised person 4
Contents
Page
contents 2 Magistrates Court (Lakes Infringement Notices)
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11 Authorised people for infringement notice offences 5
Schedule 1 Lakes legislation infringement notice
offences and penalties 6
Part 1.1 Lakes Act 1976 6
Part 1.2 Lakes Regulation 2019 8
Endnotes
1 About the endnotes 10
2 Abbreviation key 10
3 Legislation history 11
4 Amendment history 13
5 Earlier republications 15
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Australian Capital Territory
Magistrates Court (Lakes Infringement
Notices) Regulation 2004
made under the
Magistrates Court Act 1930
Section 1
page 2 Magistrates Court (Lakes Infringement Notices)
Regulation 2004
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1 Name of regulation
This regulation is the Magistrates Court (Lakes Infringement Notices)
Regulation 2004.
2 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 ‘inspector—see the Lakes Act 1976,
dictionary.’ means that the term ‘inspector’ 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)).
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 lakes 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 Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Section 5
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5 Administering authority
The following entities are administering authorities for an
infringement notice offence against the lakes legislation:
(a) the delegate for lakes;
(b) the chief police officer.
6 Infringement notice offences
The Magistrates Court Act 1930, part 3.8 applies to an offence against
a provision of the lakes legislation mentioned in schedule 1,
column 2.
7 Infringement notice penalties
(1) The penalty payable by an individual for an offence against the lakes
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 lakes
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 lakes legislation is $34.
8 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 lakes 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 9
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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 lakes 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 not a police officer—
(i) the authorised person’s full name, or surname and initials;
or
(ii) any unique number given to the authorised person by the
administering authority for this regulation.
10 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 lakes 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 not a police officer—
(i) the authorised person’s full name, or surname and initials;
or
(ii) any unique number given to the authorised person by the
administering authority for this regulation.
Section 11
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11 Authorised people for infringement notice offences
An inspector may serve the following:
(a) an infringement notice for an infringement notice offence
against the lakes legislation;
(b) a reminder notice for an infringement notice offence against the
lakes legislation.
Note An inspector includes a police officer—see the Lakes Act 1976, s 89.
Dictionary
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Dictionary
(see s 2)
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
• penalty unit (see s 133)
• 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.
delegate for lakes—see the Lakes Act 1976, dictionary.
inspector—see the Lakes Act 1976, dictionary.
lakes legislation means the following:
(a) the Lakes Act 1976;
(b) the Lakes Regulation 2019.
Endnotes
1 About the endnotes
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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
Legislation history 3
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3 Legislation history
This regulation was originally the Magistrates Court (Lakes Infringement Notices)
Regulations 2004. It was renamed under the Legislation Act 2001.
Magistrates Court (Lakes Infringement Notices) Regulation 2004
SL2004-4
notified LR 22 January 2004
s 1, s 2 commenced 22 January 2004 (LA s 75 (1))
remainder commenced 23 January 2004 (s 2)
as amended by
Court Procedures (Consequential Amendments) Act 2004
A2004-60 sch 1 pt 1.45
notified LR 2 September 2004
s 1, s 2 commenced 2 September 2004 (LA s 75 (1))
sch 1 pt 1.45 commenced 10 January 2005 (s 2 and see Court
Procedures Act 2004 A2004-59, s 2 and CN2004-29)
Magistrates Court (Lakes Infringement Notices) Amendment
Regulation 2010 (No 1) SL2010-30
notified LR 26 July 2010
s 1, s 2 commenced 26 July 2010 (LA s 75 (1))
remainder commenced 27 July 2010 (s 2)
Statute Law Amendment Act 2015 A2015-15 sch 3 pt 3.26
notified LR 27 May 2015
s 1, s 2 commenced 27 May 2015 (LA s 75 (1))
sch 3 pt 3.26 commenced 10 June 2015 (s 2)
Lakes Amendment Act 2018 A2018-7 sch 1
notified LR 5 March 2018
s 1, s 2 commenced 5 March 2018 (LA s 75 (1))
sch 1 commenced 5 March 2019 (s 2 (2))
Magistrates Court (Lakes Infringement Notices) Amendment
Regulation 2019 (No 1) SL2019-7
notified LR 9 May 2019
s 1, s 2 commenced 9 May 2019 (LA s 75 (1))
remainder commenced 10 May 2019 (s 2 and see Lakes
Regulation 2019 SL2019-8 s 2)
Endnotes
3 Legislation history
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Magistrates Court (Lakes Infringement Notices) Amendment
Regulation 2019 (No 2) SL2019-20
notified LR 19 August 2019
s 1, s 2 commenced 19 August 2019 (LA s 75 (1))
remainder commenced 20 August 2019 (s 2)
Endnotes
Amendment history 4
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4 Amendment history
Name of regulation
s 1 am R2 LA
Dictionary
s 2 om LA s 89 (4)
ins SL2019-7 s 4
Purpose of regulation
s 3 am A2004-60 amdt 1.426, amdt 1.427; SL2019-7 s 5
Administering authority
s 5 am SL2019-7 s 5
sub SL2019-20 s 4
Infringement notice offences
s 6 am A2004-60 amdt 1.428; SL2019-7 s 5
Infringement notice penalties
s 7 am A2015-15 amdt 3.106; SL2019-7 s 5
Contents of infringement notices—other information
s 8 am SL2019-7 s 5
Contents of infringement notices—identifying authorised person
s 9 am SL2019-7 s 5; SL2019-20 s 5
Contents of reminder notices—identifying authorised person
s 10 am SL2019-7 s 5; SL2019-20 s 6
Authorised people for infringement notice offences
s 11 am A2015-15 amdt 3.107, amdt 3.108; SL2019-7 s 6, s 7;
SL2019-20 s 7
Lakes legislation infringement notice offences and penalties
sch 1 hdg sub SL2019-7 s 8
sch 1 table sub SL2010-30 s 4
table am A2018-7 amdts 1.1-1.3; items renum R6 LA
table renum as sch 1 pt 1.1
Lakes Act 1976
sch 1 pt 1.1 hdg ins SL2019-7 s 8
sch 1 pt 1.1 (prev sch 1) renum as sch 1 pt 1.1 SL2019-7 s 8
Lakes Regulation 2019
sch 1 pt 1.2 ins SL2019-7 s 9
Endnotes
4 Amendment history
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Dictionary
dict ins SL2019-7 s 10
am SL2019-20 s 8
def delegate for lakes ins SL2019-7 s 10
def inspector ins SL2019-7 s 10
def lakes legislation ins SL2019-7 s 10