ACTIn ForceRegulation
Magistrates Court (Litter Infringement Notices) Regulation 2004
//
© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the Federal Register of Legislation for authoritative text.
Magistrates Court (Litter Infringement Notices) Regulation 2004
Start here
Turn the raw legal text into a practical explanation grounded in Magistrates Court (Litter Infringement Notices) Regulation 2004.
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Magistrates Court (Litter Infringement Notices) Regulation 2004 SL2004-50 made under the Magistrates Court Act 1930 Republication No 10 Effective: 14 July 2023 Republication date: 14 July 2023 Last amendment made by A2023-27
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 (Litter 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 14 July 2023. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 14 July 2023. 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).
R10 14/07/23 Magistrates Court (Litter Infringement Notices) Regulation 2004 Effective: 14/07/23 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Magistrates Court (Litter 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 6 Administering authority 3 7 Infringement notice offences 3 7A Declared offences—Act, s 117, definition of vehicle-related offence, par (b) 3 8 Infringement notice penalties 3 9 Contents of infringement notices—other information 4
Contents Page contents 2 Magistrates Court (Litter Infringement Notices) Regulation 2004 Effective: 14/07/23 R10 14/07/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 10 Contents of infringement notices—identifying person serving notice 4 11 Contents of reminder notices—identifying person serving notice 5 12 Service of notices by authorised people 5 Schedule 1 Litter Act 2004 infringement notice offences and penalties 6 Schedule 2 Litter Act 2004 vehicle-related offences 8 Dictionary 9 Endnotes 1 About the endnotes 10 2 Abbreviation key 10 3 Legislation history 11 4 Amendment history 13 5 Earlier republications 15
R10 14/07/23 Magistrates Court (Litter Infringement Notices) Regulation 2004 Effective: 14/07/23 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Magistrates Court (Litter Infringement Notices) Regulation 2004 made under the Magistrates Court Act 1930
Section 1 page 2 Magistrates Court (Litter Infringement Notices) Regulation 2004 Effective: 14/07/23 R10 14/07/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 1 Name of regulation This regulation is the Magistrates Court (Litter 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 ‘litter—see the Litter Act 2004, section 7.’ means that the term ‘litter’ is defined in that section 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 Litter 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. 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.
Section 6 R10 14/07/23 Magistrates Court (Litter Infringement Notices) Regulation 2004 Effective: 14/07/23 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 Litter Act 2004 is the director-general for the Litter Act 2004. 7 Infringement notice offences The Magistrates Court Act 1930, part 3.8 applies to an offence against a provision of the Litter Act 2004 mentioned in schedule 1, column 2. 7A Declared offences—Act, s 117, definition of vehicle-related offence, par (b) (1) An offence against a provision of the Litter Act 2004 mentioned in schedule 2, column 2 is declared to be an offence to which the Magistrates Court Act 1930, division 3.8.3 (Additional provisions for vehicle-related offences) applies. (2) However, the Magistrates Court Act 1930, division 3.8.3 does not apply to the offence if— (a) the vehicle related to the commission of an offence is a public passenger vehicle being used to transport a passenger; and (b) the offence was committed by the passenger. (3) In this section: public passenger vehicle—see the Road Transport (Public Passenger Services) Act 2001, dictionary. 8 Infringement notice penalties (1) The penalty payable by an individual for an offence against the Litter Act 2004, under an infringement notice for the offence, is the amount mentioned in schedule 1, column 4 for the offence.
Section 9 page 4 Magistrates Court (Litter Infringement Notices) Regulation 2004 Effective: 14/07/23 R10 14/07/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The penalty payable by a corporation for an offence against the Litter 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 Litter Act 2004 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 Litter 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. 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 Litter Act 2004 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 under the Litter Act 2004, section 14 (Appointment of authorised people)— (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 11 R10 14/07/23 Magistrates Court (Litter Infringement Notices) Regulation 2004 Effective: 14/07/23 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 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 Litter Act 2004 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 under the Litter Act 2004, section 14 (Appointment of authorised people)— (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. 12 Service of notices by authorised people A police officer or an authorised person under the Litter Act 2004, section 14 (Appointment of authorised people) may serve the following: (a) an infringement notice for an infringement notice offence against the Litter Act 2004; (b) a reminder notice for an infringement notice offence against the Litter Act 2004.
Schedule 1 Litter Act 2004 infringement notice offences and penalties page 6 Magistrates Court (Litter Infringement Notices) Regulation 2004 Effective: 14/07/23 R10 14/07/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Litter Act 2004 infringement notice offences and penalties (see s 7 and s 8) column 1 item column 2 provision and, if relevant, case column 3 offence penalty (pu) column 4 infringement penalty ($) 1 8 (1) 1.1 • if the litter is a ticket, voucher or receipt, a confectionary wrapper, cigarette packet or a similarly small item 10 150 1.2 • any other litter 10 300 2 8 (2) 10 300 3 8 (3) 10 300 4 9 (2) 50 500 5 9B 5.1 • level 1—1L or more of litter but less than 10L 20 500 5.2 • level 2—10L or more of litter but less than 200L 35 1 000 5.3 • level 3—200L or more of litter 50 1 500 6 10 (1) 50 500 7 11 (1) 50 1 500 8 11 (2) 50 1 500 9 11A 20 500 10 13 (1) 20 200 11 13 (3) 20 200
Litter Act 2004 infringement notice offences and penalties Schedule 1 R10 14/07/23 Magistrates Court (Litter Infringement Notices) Regulation 2004 Effective: 14/07/23 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 provision and, if relevant, case column 3 offence penalty (pu) column 4 infringement penalty ($) 12 20 (3) 20 300 13 21 (5) 20 300 14 24D (3) 10 150 15 24E (1) 10 200 16 24F (3) 10 20 17 24N (1) 5 60 18 24Q (1) 20 300
Schedule 2 Litter Act 2004 vehicle-related offences page 8 Magistrates Court (Litter Infringement Notices) Regulation 2004 Effective: 14/07/23 R10 14/07/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 2 Litter Act 2004 vehicle-related offences (see s 7A) column 1 item column 2 vehicle-related offences 1 8 (1) 2 8 (2) 3 8 (3) 4 9 (2) 5 9B (1) 6 9B (2) 7 10 (1) 8 11 (1) 9 11 (2)
Dictionary R10 14/07/23 Magistrates Court (Litter Infringement Notices) Regulation 2004 Effective: 14/07/23 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 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: • 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 • authorised person • infringement notice • infringement notice offence • reminder notice. level—see the Litter Act 2004, section 7A. litter—see the Litter Act 2004, section 7.
Endnotes 1 About the endnotes page 10 Magistrates Court (Litter Infringement Notices) Regulation 2004 Effective: 14/07/23 R10 14/07/23 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 R10 14/07/23 Magistrates Court (Litter Infringement Notices) Regulation 2004 Effective: 14/07/23 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history This regulation was originally the Magistrates Court (Litter Infringement Notices) Regulations 2004. It was renamed under the Legislation Act 2001. Magistrates Court (Litter Infringement Notices) Regulation 2004 SL2004-50 notified LR 23 September 2004 s 1, s 2 commenced 23 September 2004 (LA s 75 (1)) remainder commenced 30 September 2004 (s 2 and see Litter Act 2004 A2004-47, s 2 and CN2004-22) as amended by Magistrates Court (Litter Infringement Notices) Amendment Regulation 2005 (No 1) SL2005-9 notified LR 5 May 2005 s 1, s 2 commenced 5 May 2005 (LA s 75 (1)) remainder commenced 6 May 2005 (s 2) Dangerous Substances and Litter (Dumping) Legislation Amendment Act 2009 A2009-1 pt 4 notified LR 17 February 2009 s 1, s 2 commenced 17 February 2009 (LA s 75 (1)) pt 4 commenced 17 August 2009 (s 2 and LA s 79) Litter (Shopping Trolleys) Amendment Act 2010 A2010-34 s 6 notified LR 2 September 2010 s 1, s 2 commenced 2 September 2010 (LA s 75 (1)) s 6 commenced 2 March 2011 (s 2 and LA s 79) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.104 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.104 commenced 1 July 2011 (s 2 (1)) Emergencies Amendment Act 2014 A2014-50 s 24 notified LR 10 November 2014 s 1, s 2 commenced 10 November 2014 (LA s 75 (1)) s 24 commenced 11 November 2014 (s 2)
Endnotes 3 Legislation history page 12 Magistrates Court (Litter Infringement Notices) Regulation 2004 Effective: 14/07/23 R10 14/07/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Statute Law Amendment Act 2015 A2015-15 sch 3 pt 3.28 notified LR 27 May 2015 s 1, s 2 commenced 27 May 2015 (LA s 75 (1)) sch 3 pt 3.28 commenced 10 June 2015 (s 2) Litter Legislation Amendment Act 2019 A2019-39 pt 3 notified LR 31 October 2019 s 1, s 2 commenced 31 October 2019 (LA s 75 (1)) pt 3 commenced 1 November 2019 (s 2 (1)) Transport Canberra and City Services Legislation Amendment Act 2023 A2023-27 sch 1 notified LR 7 July 2023 s 1, s 2 commenced 7 July 2023 (LA s 75 (1)) sch 1 commenced 14 July 2023 (s 2)
Endnotes Amendment history 4 R10 14/07/23 Magistrates Court (Litter Infringement Notices) Regulation 2004 Effective: 14/07/23 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Name of regulation s 1 am R2 LA Dictionary s 2 om LA s 89 (4) ins A2019-39 s 39 Purpose of regulation s 3 am A2019-39 s 45 Meaning of Litter Act s 5 om A2019-39 s 40 Administering authority s 6 am A2011-22 amdt 1.318; A2019-39 s 45 Infringement notice offences s 7 am A2019-39 s 45 Declared offences—Act, s 117, definition of vehicle-related offence, par (b) s 7A ins A2019-39 s 41 Infringement notice penalties s 8 am A2019-39 s 45 Contents of infringement notices—other information s 9 am A2019-39 s 45 Contents of infringement notices—identifying person serving notice s 10 sub SL2005-9 s 4 am A2019-39 s 45 Contents of reminder notices—identifying person serving notice s 11 sub SL2005-9 s 4 am A2019-39 s 45 Service of notices by authorised people s 12 sub SL2005-9 s 4 am A2015-15 amdt 3.111, amdt 3.112; A2019-39 s 45 Litter Act 2004 infringement notice offences and penalties sch 1 am A2009-1 s 23; A2010-34 s 6; A2014-50 s 24; items renum R7 LA sub A2019-39 s 42 am A2023-27 amdt 1.1 Litter Act 2004 vehicle-related offences sch 2 ins A2019-39 s 43
Endnotes 4 Amendment history page 14 Magistrates Court (Litter Infringement Notices) Regulation 2004 Effective: 14/07/23 R10 14/07/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary dict ins A2019-39 s 44 def level ins A2019-39 s 44 def litter ins A2019-39 s 44
Endnotes Earlier republications 5 R10 14/07/23 Magistrates Court (Litter Infringement Notices) Regulation 2004 Effective: 14/07/23 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 30 Sept 2004 30 Sept 2004– 1 Nov 2004 not amended new regulation R2 2 Nov 2004 2 Nov 2004– 5 May 2005 not amended editorial amendments under Legislation Act R3 6 May 2005 6 May 2005– 16 Aug 2009 SL2005-9 amendments by SL2005-9 R4 17 Aug 2009 17 Aug 2009– 1 Mar 2011 A2009-1 amendments by A2009-1 R5 2 Mar 2011 2 Mar 2011– 30 June 2011 A2010-34 amendments by A2010-34 R6 1 July 2011 1 July 2011– 10 Nov 2014 A2011-22 amendments by A2011-22 R7 11 Nov 2014 11 Nov 2014– 9 June 2015 A2014-50 amendments by A2014-50 R8 10 June 2015 10 June 2015– 31 Oct 2019 A2015-15 amendments by A2015-15 R9 1 Nov 2019 1 Nov 2019– 13 July 2023 A2019-39 amendments by A2019-39 © Australian Capital Territory 2023