Magistrates Court (Major Events Infringement Notices) Regulation 2014
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Australian Capital Territory Magistrates Court (Major Events Infringement Notices) Regulation 2014 SL2014-30 made under the Magistrates Court Act 1930 Republication No 1 Effective: 18 November 2014 Republication date: 18 November 2014 Regulation not amended 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 (Major Events Infringement Notices) Regulation 2014, 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 18 November 2014. 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 $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).
R1 18/11/14 Magistrates Court (Major Events Infringement Notices) Regulation 2014 Effective: 18/11/14 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Magistrates Court (Major Events Infringement Notices) Regulation 2014 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 Service of infringement notices––belief about age of individual 3 8 Service of infringement notices—witnessing conduct 3 9 Infringement notice offences 3 10 Infringement notice penalties 4 11 Contents of infringement notices—identifying authorised person 4
Contents Page contents 2 Magistrates Court (Major Events Infringement Notices) Regulation 2014 Effective: 18/11/14 R1 18/11/14 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 12 Contents of reminder notices—identifying authorised person 4 13 Authorised people for infringement notice offences 4 Schedule 1 Major Events Act 2014 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 18/11/14 Magistrates Court (Major Events Infringement Notices) Regulation 2014 Effective: 18/11/14 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Magistrates Court (Major Events Infringement Notices) Regulation 2014 made under the Magistrates Court Act 1930
Section 1 page 2 Magistrates Court (Major Events Infringement Notices) Regulation 2014 Effective: 18/11/14 R1 18/11/14 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 1 Name of regulation This regulation is the Magistrates Court (Major Events Infringement Notices) Regulation 2014. 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. Note 2 A definition in the dictionary 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 Major Events Act 2014. 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 18/11/14 Magistrates Court (Major Events Infringement Notices) Regulation 2014 Effective: 18/11/14 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 Major Events Act 2014 is the chief police officer. 7 Service of infringement notices––belief about age of individual An authorised person is taken to have reasonable grounds for believing that an individual is of a particular age if the authorised person sees evidence of the individual’s identity and age. Note 1 The infringement notice offence in schedule 1 applies except if an individual is under 16 years old. Note 2 Under the Act, s 120 the authorised person must believe on reasonable grounds that a person has committed an infringement notice offence, before serving an infringement notice on the person for the offence. 8 Service of infringement notices—witnessing conduct An authorised person is taken not to have reasonable grounds for believing that a person committed an infringement notice offence unless the authorised person witnessed the person committing the offence. 9 Infringement notice offences The Magistrates Court Act 1930, part 3.8 applies to an offence against a provision of the Major Events Act 2014 mentioned in schedule 1, column 2, except if the individual believed to have committed the offence is under 16 years old.
Section 10 page 4 Magistrates Court (Major Events Infringement Notices) Regulation 2014 Effective: 18/11/14 R1 18/11/14 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 10 Infringement notice penalties (1) The penalty payable by an individual for an offence against the Major Events Act 2014, under an infringement notice for the offence, is the amount mentioned in schedule 1, column 4 for the offence. (2) The cost of serving a reminder notice for an infringement notice offence against the Major Events Act 2014 is $34. 11 Contents of infringement notices—identifying authorised person An infringement notice served on a person by an authorised person for an infringement notice offence against the Major Events Act 2014 must identify the authorised person by the person’s police officer service number. 12 Contents of reminder notices—identifying authorised person An reminder notice served on a person by an authorised person for an infringement notice offence against the Major Events Act 2014 must identify the authorised person by the person’s police officer service number. 13 Authorised people for infringement notice offences A police officer may serve the following: (a) an infringement notice for an infringement notice offence against the Major Events Act 2014; (b) a reminder notice for an infringement notice offence against the Major Events Act 2014.
Major Events Act 2014 infringement notice offences and penalties Schedule 1 R1 18/11/14 Magistrates Court (Major Events Infringement Notices) Regulation 2014 Effective: 18/11/14 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Major Events Act 2014 infringement notice offences and penalties (see s 9 and s 10) column 1 item column 2 offence provision column 3 offence penalty (penalty units) column 4 infringement penalty ($) 1 13 (1) 5 150 2 13 (2) 50 1 500 3 15 (1) 25 400 4 16 (2) 10 300 5 17 (2) 10 300 6 18 (2) 10 300 7 20 (2) 5 150 8 23 (1) 10 300 9 23 (2) 20 400 10 24 (7) 50 1 500 11 50 (6) 20 400
Dictionary page 6 Magistrates Court (Major Events Infringement Notices) Regulation 2014 Effective: 18/11/14 R1 18/11/14 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: chief police officer 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.
Endnotes About the endnotes 1 R1 18/11/14 Magistrates Court (Major Events Infringement Notices) Regulation 2014 Effective: 18/11/14 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 (Major Events Infringement Notices) Regulation 2014 Effective: 18/11/14 R1 18/11/14 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Magistrates Court (Major Events Infringement Notices) Regulation 2014 SL2014-30 notified LR 17 November 2014 s 1, s 2 commenced 17 November 2014 (LA s 75 (1)) remainder commenced 18 November 2014 (s 2) 4 Amendment history Commencement s 2 om LA s 89 (4) © Australian Capital Territory 2014