Magistrates Court (Occupational Health and Safety Infringement Notices) Regulation 2004

The regulation turns a set of statutory offences into candidates for enforcement by infringement notice rather than court prosecution. The principal concepts are:

• Occupational health and safety legislation: defined expressly to mean three named instruments (s 5). The definition circumscribes which offences can be the subject of an infringement notice under this regulation; only the items listed in schedule 1 are covered (s 7).

• Infringement notice offence: the phrase is used to denote offences listed in schedule 1 that are to attract a fixed infringement penalty when an authorised person serves a notice under the Magistrates Court Act 1930, part 3.8 (s 7). The regulation does not redefine the substantive elements of those offences; it merely specifies that they are eligible for infringement notices and assigns an infringement dollar amount (schedule 1).

• Administering authority: the director-general for the Occupational Health and Safety Act 1989 is designated the administering authority for infringement notice offences against the OHS legislation (s 6). Where the regulation provides for the administering authority to do something, responsibility rests with that office. For example, the administering authority supplies any "unique number" used to identify authorised persons on notices (ss 10-11).

• Authorised person: the persons who may serve infringement notices are inspectors appointed under the OHS Act 1989, s 201 (s 12). The regulation therefore connects the procedural enforcement power (serving infringement and reminder notices) to an existing class of inspectors under the OHS Act.

• Infringement penalty and corporate multiplier: schedule 1 gives the dollar amounts that are payable as infringement penalties (schedule 1, column 4). The regulation establishes the rule that an individual pays the schedule amount (s 8(1)); a corporation pays five times the schedule amount (s 8(2)). The schedule also records the underlying full penalty expressed in penalty units (schedule 1, column 3), which remains relevant for prosecutions and other statutory consequences.

• Notice contents and identification: ss 9-11 prescribe required information for notices: companies’ ACNs must be included on infringement notices served on companies (s 9(1)); infringement and reminder notices must identify the authorised person either by full name, or surname and initials, or by a unique number issued by the administering authority (ss 10-11). The regulation does not purport to be exhaustive about content; it supplements the content requirements in the Magistrates Court Act 1930 (s 9 note).

• Reminder notices and cost of service: the regulation fixes the cost to serve a reminder notice at $34 (s 8(3)). Reminder notices are part of the Magistrates Court Act 1930 infringement-notice procedure; the regulation sets the service cost for OHS infringement notice offences.

• Schedule mapping: schedule 1 is central: it lists specific offence provisions from the three listed instruments, each paired with the offence's maximum penalty (in penalty units) and an infringement notice dollar amount (schedule 1, columns 2-4). For many listed offences the infringement penalty is $100 or $200 or $400, with a small number at higher amounts (for example $1,000 for the s 47(1) offence under the OHS Act 1989; schedule 1, part 1.1, item 1).

These concepts interlock to produce a stepped enforcement architecture: a named class of OHS offences is made eligible for fixed-sum administrative penalties; those penalties are payable by individuals or multiplied for corporations; notices must include defined identifying information; inspectors may serve them; and the director-general is the administering authority responsible for administrative aspects such as unique numbers for authorised persons (ss 5-12; schedule 1).

The regulation affects several distinct groups, in direct and predictable ways based on the text.

• Employers, persons conducting businesses or undertakings, employees and other duty-holders who are subject to the listed OHS offence provisions. The schedule lists specific offences in the Occupational Health and Safety Act 1989 and the two named regulations (schedule 1, parts 1.1-1.3). For those persons, certain contraventions may attract an infringement notice and a fixed-dollar penalty rather than prosecution (s 7; s 3 note). The schedule shows the exact offence provisions and the corresponding infringement penalty to expect for each listed contravention.

• Corporations. The regulation treats corporations differently on the monetary point: a corporation must pay five times the infringement penalty amount set in schedule 1 (s 8(2)). The regulation also requires the company’s ACN to be included on an infringement notice served on a company (s 9(1)); the definition of "company" in s 9(2) makes the Corporations Act register the frame of reference.

• Individuals. Individuals liable for listed offences are the baseline category for infringement penalties; they pay the schedule amount (s 8(1)). The schedule provides a range of infringement amounts that will be applied to individuals (schedule 1, column 4).

• Inspectors appointed under the Occupational Health and Safety Act 1989, s 201. Those inspectors are explicitly empowered to serve infringement notices and reminder notices under this regulation (s 12). The regulation therefore changes their enforcement toolkit by allowing them to issue the fixed-dollar notices listed in schedule 1 rather than, or prior to, prosecution.

• The director-general for the Occupational Health and Safety Act 1989. The director-general is the administering authority for the OHS infringement notices and therefore is the administrative decision-maker contemplated by the regulation (s 6). That role includes giving unique numbers for authorised persons if the administering authority chooses to do so (ss 10-11).

• The Magistrates Court administration and persons using the Magistrates Court Act 1930, part 3.8 system. The regulation imports that scheme and routes OHS infringement notices into it (s 7). The court’s infringement-notice processes will apply to these listed OHS offences.

• Legal advisers, compliance professionals and accountants preparing responses to or advising on OHS enforcement. They must counsel clients that particular OHS contraventions listed in schedule 1 are candidates for administrative (fixed-sum) penalties, and that corporations face a 5x multiplier (s 8(2)).

Indirect effects also arise. For example, inspectors who choose to issue infringement notices rather than commence prosecution change the enforcement mix for regulated parties; the note to s 3 describes the infringement-notice system as an alternative to prosecution (s 3 note). The precise behaviour effects for each class of person must be determined from the offence provisions in the OHS instruments referenced in schedule 1, as those instruments set out the substantive duty and fault elements of the listed offences (schedule 1, column 2).

The regulation sets out a number of duties and limited rights that arise from the mechanics of issuing and receiving OHS infringement notices.

Duties imposed by the regulation

• Administering authority duty: the director-general is the administering authority for infringement notice offences under the occupational health and safety legislation (s 6). That office has the administrative responsibility for functions the regulation contemplates, including the allocation of any "unique number" for identifying authorised persons on notices (ss 10-11). The regulation does not enumerate additional administrative powers, but the administering authority must be available to provide the unique numbers that notices may rely on for authorised-person identification.

• Inspector duties in notice content: an authorised person (inspector under OHS Act 1989, s 201) serving an infringement notice on a company must include the company’s ACN (s 9(1)). All infringement notices and reminder notices must identify the authorised person either by full name or surname and initials, or by any unique number given to the authorised person by the administering authority (ss 10-11). These are minimum content requirements placed on authorised persons when serving notices for the listed OHS offences.

• Payment duties: persons or corporations who receive an infringement notice may discharge the liability by paying the specified amount set out in schedule 1, the payment amount being the schedule rate for an individual and five times that for a corporation (s 8(1)-(2)). The regulation also fixes the administrative cost for serving a reminder notice at $34 (s 8(3)), which is a payable cost if that service is undertaken.

Rights and procedural features

• Right to an alternative to prosecution: the regulation explicitly states its purpose is to provide for infringement notices under the Magistrates Court Act 1930, part 3.8 as an alternative to prosecution for the listed OHS offences (s 3 and note). The note clarifies that the infringement notice system is intended to offer an alternative to prosecution; that follows the Magnet Court Act’s part 3.8 framework. This functions as a practical right or option for the recipient: payment of the infringement amount under the Magistrates Court Act process will ordinarily avoid prosecution, subject to the procedural rules in the Magistrates Court Act (s 3 note; s 7).

• Identification rights: recipients of infringement and reminder notices have a clear right to know who served the notice because the regulation requires identification of the authorised person by full name or unique number (ss 10-11). For companies, an infringement notice must display the company’s ACN (s 9(1)), enabling corporate addressees to confirm identity of the registered company.

• Administrative clarity on who may serve notices: the regulation defines the class of persons who may serve the notices , inspectors under OHS Act s 201 (s 12). That reduces uncertainty over the legitimacy of persons serving notices in this domain.

Practical interplay with other rights and duties

• The schedule does not change the substantive legal elements of the listed offences; the underlying statutory offences remain as set out in the OHS instruments listed in s 5. The regulation only determines that those specific offences may be processed by infringement notice and fixes the applicable infringement penalty (s 7; schedule 1). Any defence or challenged element of the offence remains governed by the substantive law in the underlying instruments (schedule 1, column 2).

• The regulation’s corporate multiplier (s 8(2)) and ACN requirement (s 9(1)) create concrete administrative duties for companies: to ensure accurate registration information can be matched with a notice, and to anticipate a higher financial obligation where the recipient is a corporation.

• The administering authority’s role in issuing unique numbers for authorised persons (ss 10-11) creates a small administrative pathway that an organisation might exploit (for example to verify the identity of a serving inspector), but the regulation does not set procedural conditions or a verification process beyond the identification requirement.

These duties and rights focus on the administrative mechanics of issuing infringement and reminder notices in the OHS field: who issues them, how they must be identified, what must appear on a notice served on a company, what amounts are payable, and that the regime is an intended alternative to prosecution (ss 3, 6, 8-12; schedule 1).

The regulation fixes how monetary penalties operate for the listed OHS offences and identifies the enforcement actors and some administrative cost items.

Direct monetary scheme

• Fixed infringement amounts: schedule 1 pairs each listed statutory offence provision (schedule 1, column 2) with an "infringement penalty" expressed in dollars (schedule 1, column 4). These are the sums payable under an infringement notice issued under the Magistrates Court Act 1930, part 3.8 for the listed offences (s 7; schedule 1). Example numbers include $1,000 for item 1 (OHS Act 1989, s 47(1)), $400 for a number of items, $200 for many items, and $100 for other items (schedule 1, parts 1.1-1.3, column 4).

• Individual v corporation: an individual receiving an infringement notice must pay the amount specified in schedule 1, column 4 (s 8(1)). A corporation must pay five times the amount specified in schedule 1, column 4 (s 8(2)). Thus the same listed contravention can carry different immediate financial consequences depending on whether the recipient is an individual or a corporation.

• Penalty units recorded in schedule: schedule 1, column 3 records the full offence penalty in penalty units for each listed provision. The underlying statutory maximum penalties remain relevant for prosecutorial action or other statutory consequences; the infringement amount is an alternative mechanism for resolution (schedule 1, column 3). The republication endnotes specify that at the republication date a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (endnote 1). That endnote reference reflects the Legislation Act 2001 mechanism for penalty-unit valuation and is material when interpreting "penalty unit" in schedule 1, column 3.

Enforcement actors and process

• Who may serve: inspectors under the Occupational Health and Safety Act 1989, s 201, may serve both infringement notices and reminder notices for infringement notice offences listed in the schedule (s 12). The regulation thus delegates the practical execution of the infringement scheme to existing OHS inspectors rather than creating a new class of enforcement officers.

• Applicability of the Magistrates Court Act 1930, part 3.8: s 7 brings the Magistrates Court Act infringement-notice machinery into play for the listed OHS offences. The Magistrates Court Act provisions will therefore govern procedural aspects such as how a recipient pays, how a recipient may elect to have the matter dealt with by a court, the effect of payment on subsequent prosecution, and reminder notices. The regulation itself does not restate those procedural rules; it relies on part 3.8 of the Magistrates Court Act (s 7).

• Reminder notices: the regulation sets the cost of serving a reminder notice at $34 (s 8(3)). The $34 figure is a fixed cost set by this regulation for reminder-service work in the OHS infringement-notice context. The Magistrates Court Act procedures for reminders and enforcement remain applicable but the regulation fixes this particular service cost.

Notice content and enforcement legitimacy

• Required content: an infringement notice served on a company must include the company’s ACN (s 9(1)), and the authorised person must be identified by name or unique administering-authority number on both infringement and reminder notices (ss 10-11). These content requirements are part of the enforcement legitimacy: they reduce uncertainty on identity and assist recipients and administrators to process or verify notices. The regulation supplements the Magistrates Court Act’s generic content requirements (s 9 note).

• Administering authority oversight: the director-general as administering authority is the named administrative node (s 6). While the regulation does not specify further oversight powers, the administering authority’s role in issuing unique numbers and being named as administering authority ties the enforcement practice back to the OHS administrative apparatus.

Operational consequences and incentives

• Monetary certainty: fixed-dollar infringement amounts create predictable immediate financial consequences for listed contraventions. That promotes a low-cost, administratively quick path to disposal compared with court prosecution, which may involve higher penalties but requires prosecutorial resources and time. The regulation therefore provides inspectors and the administering authority with a set of immediate sanctioning tools (s 3 note; s 7).

• Corporate cost loading: the 5x multiplier for corporations (s 8(2)) significantly increases the immediate financial stake for corporate entities, which may affect decisions about compliance, contested disputes, and whether to pay an infringement or contest in court.

The regulation therefore generates a two-tiered enforcement architecture: specified OHS contraventions attract fixed-dollar infringement penalties and may be issued by inspectors, with statutory procedural rules supplied by the Magistrates Court Act (s 7; ss 8, 9, 12; schedule 1). The schedule’s mapping and the corporate multiplier materially shape the immediate financial exposure for regulated entities.

This regulation is an ancillary, procedural instrument that intersects with several primary sources. The key interactions recorded in the text are:

• Magistrates Court Act 1930, part 3.8. The regulation implements part 3.8 of the Magistrates Court Act as the procedural vehicle for infringement notices for the selected OHS offences (s 7). The Magistrates Court Act therefore supplies the procedural rules for issuing notices, payment, reminder notices, and the court processes that follow non-payment or election to go to court. The regulation does not reproduce those procedural provisions; it applies them to the listed OHS offences.

• Occupational Health and Safety Act 1989 and associated regulations. The regulation defines "occupational health and safety legislation" to include (a) the Occupational Health and Safety Act 1989, (b) the Occupational Health and Safety (General) Regulation 2007, and (c) the Occupational Health and Safety (Certification of Plant Users and Operators) Regulation 2000 (s 5). Schedule 1 then lists specific offence provisions drawn from those instruments (schedule 1, columns 2-4). The substantive legal requirements and the offence elements reside in the underlying OHS instruments; this regulation only designates particular of their offences as eligible for infringement notices and fixes the corresponding infringement penalty amounts.

• Corporations Act and definition of company. Section 9(2) defines "company" to mean a company registered under the Corporations Act. This links the regulation’s ACN requirement (s 9(1)) to the national corporate register and clarifies that the ACN requirement applies to entities constituted and registered under the Corporations Act.

• Legislation Act 2001. The regulation includes notes about editorial status and endnotes reflecting commencement and penalty-unit values under the Legislation Act 2001 (see the "Notes" to s 3 and the endnotes). The republication endnote records that at the republication date a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (endnote 1). The Legislation Act’s provisions also govern republication, editorial amendments, and notation of uncommenced or modified provisions (republished law header and endnotes), which affect interpretation and the authoritative text.

• Occupational Health and Safety Act 1989, s 201 (inspectors). The regulation expressly authorises inspectors under the OHS Act s 201 to serve infringement and reminder notices for scheduled offences (s 12). That links the enforcement mechanics to the existing inspectorate and its powers under the OHS Act.

• Cross-references to underlying offence provisions. Schedule 1 cites specific subsection numbers from the OHS Act and the two OHS regulations. Those references mean that changes to the underlying offence provisions (through amendment of the OHS instruments) can affect the scope of offences eligible for infringement notices. The regulation’s amendment history shows that schedule 1 has been altered when the underlying OHS instruments were amended (see endnotes 3-4).

Practical implications of these interactions

• The regulation is procedural and depends on the underlying substantive offences being as stated in the OHS instruments. Where schedule 1 lists a particular subsection, the enforcement officer and recipient must consult the substantive provision in the underlying Act or regulation to understand the elements and defences, because schedule 1 does not replicate those elements (schedule 1, column 2).

• Because the Magistrates Court Act supplies the enforcement procedures, any rights, time limits or election mechanisms available under part 3.8 apply to these OHS infringement notices. The regulation does not add to or diminish those procedural rights beyond the content requirements it prescribes (ss 9-11).

• The corporate multiplier (s 8(2)) interacts with corporate status as defined under the Corporations Act via the ACN requirement (s 9(2) and s 9(1)). Collectively these provisions make verification and administrative matching between a notice and the corporate register straightforward.

• Amendments to the OHS instruments or to the Magistrates Court Act procedure can affect how this regulation operates, which is reflected in the legislation and amendment history appended to the regulation (endnotes 3-4). Practitioners must check both the schedule and the current text of the referenced OHS provisions and the Magistrates Court Act procedures when advising or acting.

The republished regulation includes an endnotes section that provides a concise legislative and amendment history. The salient items in the history are summarised below, reproduced from the republished law endnotes.

• Origin and initial commencement. The Magistrates Court (Occupational Health and Safety Infringement Notices) Regulation 2004 (SL2004-32) was notified to the legislation register on 4 August 2004. Sections 1 and 2 commenced on 4 August 2004, and the remainder commenced on 5 August 2004, linked to the Occupational Health and Safety Amendment Act 2004 (endnotes 3).

• 2007 amendment. The Occupational Health and Safety (Regulatory Services) Legislation Amendment Act 2007 (A2007-37) amended the regulation. That instrument was notified on 22 November 2007 and its relevant parts commenced on 22-23 November 2007, in line with the Legislation Act commencement mechanics (endnote 3). The amendment history entry records that s 6 (administering authority) and s 12 (authorised people) were amended by A2007-37 (amendment history, endnote 4).

• 2008 amendments. The Magistrates Court (Occupational Health and Safety Infringement Notices) Amendment Regulation 2008 (No 1) (SL2008-9) was notified on 31 March 2008. Sections 1 and 2 commenced immediately, and the remainder commenced 26 May 2008 (endnote 3). SL2008-9 made a number of amendments, including to s 5 (meaning of occupational health and safety legislation) and s 7 (infringement notice offences) as recorded in the amendment history (endnote 4). Another instrument, Occupational Health and Safety (General) Amendment Regulation 2008 (No 1) (SL2008-51), made consequential amendments to the schedule (endnote 3).

• 2011 amendment. Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 (A2011-22) amended the regulation; it was notified on 30 June 2011. Sections 1 and 2 of the amending Act commenced on 30 June 2011, and schedule 1, part 1.105 commenced on 1 July 2011 (endnote 3). The amendment history records that s 6 was amended by A2011-22 (endnote 4).

• Editorial and republication activity. The republished law notes the Parliamentary Counsel’s Office may make editorial amendments under the Legislation Act 2001, part 11.3, to bring the law into line with current drafting practice. Some editorial changes were made in republications R2-R5; the endnotes list republication dates and the effective periods (endnote 5).

• Specific section amendments. The amendment history lists precise amendments: s 1 amended (R2); s 3 amended (R3 and SL2008-9); s 5 amended by SL2008-9; s 6 amended by A2007-37 and A2011-22; s 7 amended (R3 and SL2008-9); and s 12 amended by A2007-37 (endnote 4).

Implications

• The schedule and several core sections have been adjusted across multiple amending instruments. Those changes indicate the schedule has been kept in step with substantive changes made to the occupational health and safety instruments, notably the introduction of the OHS (General) Regulation 2007 and subsequent amendments (endnotes 3-4).

• Practitioners should consult both the regulation’s schedule and the current versions of the referenced OHS instruments because schedule items were added or changed to reflect modifications in underlying substantive law (s 5; schedule 1; endnotes 3-4).

The endnotes in the republished law provide a compact record of the main amending instruments and dates (endnotes 3-5). They should be read alongside the current consolidated texts of the Occupational Health and Safety Act 1989 and the two OHS regulations to understand the current scope of offences covered.

The republished regulation does not record any litigation history. The instrument’s endnotes and amendment history track legislative changes, renumbering, and republication (endnotes 3-5), but they do not list judicial decisions, appeals, or reported cases that interpret this regulation or the particular application of its infringement-notice scheme.

What the text does record and what practitioners must note when searching for judicial treatment

• No cases listed in the republished law. The regulation and its endnotes contain no references to court decisions, judicial interpretations, or litigation outcomes.

• Procedural regime derives from Magistrates Court Act 1930, part 3.8. Any litigation that would interpret the interface between the infringement-notice scheme and the underlying OHS offences is more likely to be found in authorities dealing with the Magistrates Court Act infringement-notice regime, or in decisions applying the underlying OHS provisions referenced in schedule 1. The republished regulation points users to part 3.8 for procedural rules (s 7), but gives no case law.

• Practitioners’ search strategy. Because schedule 1 lists statutory offence provisions in the OHS instruments, practitioners looking for litigation should search for decisions on:

  • the Magistrates Court Act 1930, part 3.8 (procedural questions regarding infringement notices, reminders, payment and elections to contest); and
  • the specific OHS offence provisions listed in schedule 1 (for interpretation of elements, defences, and the scope of liability).

• Administrative decisions or internal records. The regulation gives the director-general an administering-authority role (s 6). Administrative decisions of the director-general relating to allocation of unique numbers, internal guidance on issuing infringement notices, or policy documents may be relevant in disputes, but none of that material appears in the regulation’s endnotes.

In short, the republished regulation contains no litigation record. When litigation exists it will likely be recorded in decisions that apply the Magistrates Court Act 1930 infringement procedures or interpret the substantive OHS provisions listed in schedule 1. Practitioners should search those sources for any judicial treatment of the practical operation of OHS infringement notices in the ACT.

The regulation contains several practical traps and detail items that may trip up regulated parties, inspectors, administrators and advisers if not anticipated.

1. Scope limited to listed provisions. Schedule 1 lists particular subsections from the OHS Act 1989 and the two OHS regulations. Only those offences listed in schedule 1 are eligible for infringement notices under this regulation (s 7). A contravention of an OHS provision not listed in schedule 1 cannot be the subject of an infringement notice under this regulation. Users must verify that the specific subsection contravened is present in schedule 1 before assuming an infringement notice route is available.

2. Schedule shows both penalty units and infringement amounts. Schedule 1 records the "offence penalty" in penalty units (schedule 1, column 3) and separately the infringement penalty as a dollar amount (schedule 1, column 4). The schedule does not alter the underlying offence penalty expressed in penalty units; it merely provides an alternative fixed sum. Practitioners must not conflate the two: the penalty-unit entry is the statutory maximum and remains relevant in prosecutions, whereas the infringement penalty dollar amount is the administrative option.

3. Corporate multiplier is mechanical and significant. The regulation mandates a 5x multiple for corporations (s 8(2)). Some users may miss that the "infringement penalty" in schedule 1 is the base figure applicable to individuals; a corporation will be levied five times that figure. That multiplies the immediate exposure for corporate recipients.

4. ACN identification requirement. An infringement notice served on a company must include the company’s ACN (s 9(1)). Inspectors need to ensure the ACN is correctly identified to avoid administrative challenges or confusion. Conversely, companies should be ready to provide or rely on their ACN when disputing or verifying a notice. The regulation defines "company" as a company registered under the Corporations Act (s 9(2)).

5. Identity of authorised person may be by unique number only if issued. The regulation permits identification of the authorised person either by name/surname and initials, or by "any unique number given, for this regulation, to the authorised person by the administering authority" (ss 10-11). If an inspector is identified solely by a unique number, recipients will need a method to verify that number with the administering authority if they wish to confirm identity. The regulation contemplates the administering authority issuing such numbers but contains no process detail.

6. The regulation relies on the Magistrates Court Act 1930, part 3.8. Procedural rights, time limits, consequences of payment, and the mechanism to elect court determination are governed by the Magistrates Court Act. Users should consult part 3.8 for those procedural dimensions because the regulation itself does not restate them (s 7).

7. Reminder cost fixed at $34. The $34 cost for serving a reminder notice is fixed (s 8(3)). This is an administrative cost that will be applied in addition to any unpaid infringement amount if a reminder is served. Regulated parties may not expect this additional fixed cost.

8. The schedule references to several instruments. The schedule draws on three instruments. Amendments to the underlying instruments over time will have required updates to schedule 1 (endnotes 3-4). Practitioners must ensure they work from the current consolidated version of the regulation and the current OHS instruments to ensure the schedule still lists the relevant subsection.

9. Penalty unit valuation context. The republication notes the value of a penalty unit as at the republication date (endnote 1). Penalty-unit values can change over time under the Legislation Act arrangements. When considering the "offence penalty" in penalty units recorded in the schedule (schedule 1, column 3), users must check the current penalty-unit value to compute any statutory maximums. The infringement dollar amounts are set in schedule 1 and do not fluctuate with penalty unit value unless the regulation is amended.

10. The regulation prescribes some content requirements but not others. The regulation supplements the Magistrates Court Act by requiring specific details for OHS notices (ss 9-11), but it does not prescribe all possible procedural content. The Magistrates Court Act remains the primary source for procedural formalities. Parties should not assume the regulation replaces all Magistrates Court Act requirements.

These practical points are embedded in the text: the schedule’s limited coverage (s 7; schedule 1), the corporate multiplier (s 8(2)), ACN requirement (s 9(1)), authorised-person identification options and administering authority role in issuing unique numbers (ss 10-11; s 6), and the fixed reminder cost (s 8(3)). Overlooking any of these can lead to administrative friction or miscalculation of exposure.

Compliance under this regulatory framework requires attention by both regulated entities (individuals and corporations) and enforcement officers (inspectors and the administering authority). This section sets out practical steps and checks grounded in the text.

For regulated entities (employers, PCBU, individuals):

1. Identify whether the contravention is an offence listed in schedule 1. The regulation applies only to the specific subsections listed (s 7; schedule 1). Consult the current schedule and then the substantive text of the referenced provision in the OHS Act or OHS regulations to understand the legal elements and possible defences.

2. Check corporate status and ACN. If the recipient is a company registered under the Corporations Act (s 9(2)), expect the infringement notice to include the company’s ACN (s 9(1)). Corporations must plan for the 5x multiplier on the infringement penalty (s 8(2)).

3. Prepare to respond promptly to notices. Under the Magistrates Court Act 1930, part 3.8 procedures apply (s 7). Practically this means establishing an internal protocol to review any infringement notice on receipt, confirm the issuing inspector’s identity (ss 10-11), verify the ACN (if a company), and determine whether to pay or elect court resolution under the Magistrates Court Act’s processes.

4. Verify authorised-person identification. Infringement and reminder notices must identify the authorised person either by name/surname and initials or by unique administering-authority number (ss 10-11). If the notice uses a unique number, check with the administering authority (the director-general) to confirm the identity associated with that number before responding.

5. If seeking to contest, consult the Magistrates Court Act part 3.8. The regulation does not change the court-election rights and procedures in part 3.8; it merely applies them to the listed OHS offences (s 7). Obtain legal advice on time limits and the form of any required election.

6. Account for reminder costs. If a reminder notice is served, the regulation specifies the cost of serving a reminder notice is $34 (s 8(3)). Financial calculations about whether to pay an unpaid infringement should include this cost if a reminder has been or will be served.

For inspectors and administering authority:

1. Ensure notices contain the required information. When serving an infringement notice on a company, include the company’s ACN (s 9(1)). All infringement and reminder notices must identify the authorised person by full name or surname and initials, or by a unique number issued by the administering authority (ss 10-11). Inspectors should carry and use authorised identification or unique numbers as provided by the administering authority.

2. Confirm entitlement to serve notices. Only inspectors appointed under OHS Act s 201 may serve infringement and reminder notices for the scheduled offences (s 12). Ensure any officer serving notices is properly appointed under that provision.

3. Use the schedule to calculate infringement amounts. Schedule 1 sets the infringement penalty dollars for each listed subsection (schedule 1, column 4). For corporates, multiply the schedule amount by five to obtain the amount payable (s 8(2)). Ensure internal forms and IT systems compute the corporate multiplier correctly.

4. Apply the Magistrates Court Act procedures. The Magistrates Court Act part 3.8 provides the overarching process: issue, payment, reminder, enforcement and elections to court. The regulation does not provide alternate procedural modalities; compliance with part 3.8 is mandatory (s 7).

5. Administer unique numbers consistently. The administering authority (director-general) should establish a secure process for allocating unique numbers to authorised persons if it intends to use that identification method (ss 10-11; s 6). The administering authority should also provide a verification channel for third parties to confirm unique numbers when a recipient requests verification.

6. Maintain accurate records. Keep clear records of notices served, including the identity of the authorised person (name and unique number if used), the ACN for companies, the schedule item applied, the amount calculated (including corporate multiplier where applicable), and any reminder notices served (including the $34 service cost). These records will be material in any dispute or audit.

For advisers (lawyers, compliance officers, accountants):

1. Check both schedule 1 and the current substantive offence text. The regulation only identifies which subsections are eligible and sets the fixed infringement amounts (s 7; schedule 1). The legal elements and defences will be in the underlying OHS instruments. Analyse the substantive offence’s elements before advising on whether to pay, negotiate or contest.

2. Confirm penalty-unit values where relevant. Schedule 1 records the full offence penalty in penalty units (schedule 1, column 3). If a client is interested in the potential maximum statutory penalty via prosecution, calculate the current monetary value using the current penalty-unit value under the Legislation Act 2001 (endnote 1). But do not assume the infringement amount changes with penalty-unit value; infringement amounts are statutorily fixed in schedule 1.

3. Advise on the corporate multiplier impact. Where the recipient is a company, the immediate monetary cost under an infringement notice will be five times the figure in schedule 1 (s 8(2)). This may influence a risk-cost analysis for whether to pay or contest.

4. Use the administering authority and inspector identity provisions. If a notice identifies an authorised person using a unique number, advise clients to verify the unique number with the director-general before accepting or paying the notice (ss 10-11; s 6).

5. Monitor amendments. The regulation and schedule have been amended several times in tandem with changes to the OHS instruments (endnotes 3-4). Keep an eye on amending instruments to ensure that new or altered offence provisions are reflected in the schedule.

Following the steps above will help regulated entities address the administrative, identification and financial features imposed by the regulation. Grounded in the regulation’s text, these practical actions focus on verifying scope, identities, amounts, and procedural options under the Magistrates Court Act 1930, part 3.8 (s 7; ss 8-12; schedule 1).