Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Magistrates Court (Liquor Infringement
Notices) Regulation 2010
SL2010-47
made under the
Magistrates Court Act 1930
Republication No 7
Effective: 22 November 2018
Republication date: 22 November 2018
Last amendment made by A2018-42
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 (Liquor Infringement Notices) Regulation 2010,
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 22 November 2018. It also
includes any commencement, amendment, repeal or expiry affecting this republished law to
22 November 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 $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 (Liquor Infringement
Notices) Regulation 2010
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 (Liquor Infringement Notices)
Regulation 2010
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12 Authorised people for infringement notice offences 5
Schedule 1 Liquor Act infringement notice offences and
penalties 6
Dictionary 9
Endnotes
1 About the endnotes 10
2 Abbreviation key 10
3 Legislation history 11
4 Amendment history 13
5 Earlier republications 14
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Australian Capital Territory
Magistrates Court (Liquor Infringement
Notices) Regulation 2010
made under the
Magistrates Court Act 1930
Section 1
page 2 Magistrates Court (Liquor Infringement Notices)
Regulation 2010
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1 Name of regulation
This regulation is the Magistrates Court (Liquor Infringement
Notices) Regulation 2010.
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 ‘investigator—see the Fair Trading
(Australian Consumer Law) Act 1992, dictionary.’ means that the term
‘investigator’ 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 Liquor 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.
Section 6
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6 Administering authority
The administering authority for an infringement notice offence
against the Liquor Act 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 Liquor Act mentioned in schedule 1,
column 2.
Note Some infringement notice offences in sch 1 may be committed by
individuals who are under 18 years old. However, infringement notices
for those offences may only be given to individuals who are 16 years old
or older (see sch 1, col 2).
8 Infringement notice penalties
(1) The penalty payable by an individual for an offence against the
Liquor 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
Liquor 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 Liquor Act 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 Liquor Act must
identify the authorised person by—
(a) for an authorised person who is a police officer—the police
officer’s service number; or
Section 10
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(b) for an authorised person who is an investigator—
(i) the investigator’s full name, or surname and initials; or
(ii) any unique number given to the investigator by the
administering authority for this regulation.
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 Liquor 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).
(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 Liquor 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 who is an investigator—
(i) the investigator’s full name, or surname and initials; or
(ii) any unique number given to the investigator by the
administering authority for this regulation.
Section 12
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12 Authorised people for infringement notice offences
A police officer or investigator may serve the following:
(a) an infringement notice for an infringement notice offence
against the Liquor Act;
(b) a reminder notice for an infringement notice offence against the
Liquor Act.
Schedule 1 Liquor Act infringement notice offences and penalties
page 6 Magistrates Court (Liquor Infringement Notices)
Regulation 2010
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Schedule 1 Liquor Act infringement notice
offences and penalties
(see s 7 and s 8)
column 1
item
column 2
offence provision and case
column 3
offence penalty
(penalty units)
column 4
infringement
penalty ($)
1 34 (3) 5 110
2 46 (1) 20 440
3 66 (1) 20 440
4 100 (1) 50 1 100
5 100 (2) 50 1 100
6 100 (3) 50 1 100
7 100 (4) 50 1 100
8 101 (1), except where
individual is under 16 years
old
10 220
9 101 (2), except where
individual is under 16 years
old
10 220
10 102 (1) 50 1 100
11 102 (2) 50 1 100
12 102 (3), except where
individual is under 16 years
old
10 220
13 102 (4), except where
individual is under 16 years
old
10 220
14 103 (1) 20 440
15 103 (2) 20 440
16 105 (1) 50 1 100
Liquor Act infringement notice offences and penalties Schedule 1
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column 1
item
column 2
offence provision and case
column 3
offence penalty
(penalty units)
column 4
infringement
penalty ($)
17 105 (2) 50 1 100
18 105 (3) 50 1 100
19 105 (4) 50 1 100
20 106 (1), except where
individual is under 16 years
old
10 220
21 106 (2), except where
individual is under 16 years
old
10 220
22 107 (1), except where
individual is under 16 years
old
5 110
23 108 (1), except where
individual is under 16 years
old
10 220
24 108 (2), except where
individual is under 16 years
old
10 220
25 123 (1) 20 440
26 123 (2) 20 440
27 125 (1) 50 1 100
28 125 (2) 50 1 100
29 126 (1) 10 220
30 126 (2) 10 220
31 132 (1) 10 220
32 132 (2) 10 220
33 134 (1) 20 440
34 134 (2) 20 440
Schedule 1 Liquor Act infringement notice offences and penalties
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column 1
item
column 2
offence provision and case
column 3
offence penalty
(penalty units)
column 4
infringement
penalty ($)
35 138 (1), except where
individual is under 16 years
old
20 440
36 139 (1) 20 440
37 139 (2), except where
individual is under 16 years
old
10 220
38 139A (1) 20 440
39 139A (2) 10 220
40 141 (1) 5 110
41 141 (2) 5 1 10
42 142 (1) 20 440
43 142 (2) 50 1 100
44 143A (1) 10 220
45 143A (2) 10 220
46 148 (1) 50 1 100
47 199 (1), except where
individual is under 16 years
old
5 110
Dictionary
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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
• 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.
investigator—see the Fair Trading (Australian Consumer Law)
Act 1992, dictionary.
Liquor Act means the Liquor Act 2010.
Endnotes
1 About the endnotes
page 10 Magistrates Court (Liquor Infringement Notices)
Regulation 2010
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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
Magistrates Court (Liquor Infringement Notices) Regulation 2010
SL2010-47
notified LR 30 November 2010
s 1, s 2 commenced 30 November 2010 (LA s 75 (1))
remainder commenced 1 December 2010 (s 2 and see Liquor Act 2010
A2010-35, s 2 (3) (as am by A2010-43 amdt 1.19) and CN2010-14))
as amended by
Administrative (One ACT Public Service Miscellaneous Amendments)
Act 2011 A2011-22 sch 1 pt 1.103
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.103 commenced 1 July 2011 (s 2 (1))
Magistrates Court (Liquor Infringement Notices) Amendment
Regulation 2012 (No 1) SL2012-28
notified LR 28 June 2012
s 1, s 2 commenced 28 June 2012 (LA s 75 (1))
remainder commenced 29 June 2012 (s 2)
Statute Law Amendment Act 2013 A2013-19 sch 3 pt 3.27
notified LR 24 May 2013
s 1, s 2 commenced 24 May 2013 (LA s 75 (1))
sch 3 pt 3.27 commenced 14 June 2013 (s 2)
Statute Law Amendment Act 2015 A2015-15 sch 3 pt 3.27
notified LR 27 May 2015
s 1, s 2 commenced 27 May 2015 (LA s 75 (1))
sch 3 pt 3.27 commenced 10 June 2015 (s 2)
Liquor Amendment Act 2017 A2017-13 sch 1 pt 1.1
notified LR 17 May 2017
s 1, s 2 commenced 17 May 2017 (LA s 75 (1))
sch 1 pt 1.1 commenced 18 May 2017 (s 2 (2))
Endnotes
3 Legislation history
page 12 Magistrates Court (Liquor Infringement Notices)
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Statute Law Amendment Act 2018 A2018-42 sch 3 pt 3.23
notified LR 8 November 2018
s 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))
sch 3 pt 3.23 commenced 22 November 2018 (s 2 (1))
Endnotes
Amendment history 4
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4 Amendment history
Commencement
s 2 om LA s 89 (4)
Dictionary
s 3 am A2013-19 amdt 3.206
Administering authority
s 6 am A2011-22 amdt 1.315; A2013-19 amdt 3.207
Authorised people for infringement notice offences
s 12 am A2015-15 amdt 3.109, amdt 3.110
Repeal of Magistrates Court (Liquor Infringement Notices) Regulation 2008
s 13 om LA s 89 (3)
Liquor Act infringement notice offences and penalties
sch 1 am SL2012-28 s 4; items renum R3 LA; A2017-13
amdts 1.1-1.3; items renum R6 LA; A2018-42 amdt 3.73;
items renum R7 LA
Dictionary
dict am A2011-22 amdt 1.316, amdt 1.317
def investigator sub A2013-19 amdt 3.208