1Magistrates Court (Occupational Health and Safety Infringement Notices) Regulation 2004

Australian Capital Territory Magistrates Court (Occupational Health and Safety Infringement Notices) Regulation 2004 SL2004-32 made under the Magistrates Court Act 1930 Republication No 6 Effective: 1 July 2011 Republication date: 1 July 2011 Last amendment made by A2011-22 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 (Occupational Health and Safety 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 1 July 2011. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2011. 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 $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

R6 01/07/11 Magistrates Court (Occupational Health and Safety Infringement Notices) Regulation 2004 Effective: 01/07/11 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Magistrates Court (Occupational Health and Safety Infringement Notices) Regulation 2004 made under the Magistrates Court Act 1930 Contents Page 1 Name of regulation 2 3 Purpose of regulation 2 4 Notes 2 5 Meaning of occupational health and safety legislation 2 6 Administering authority 3 7 Infringement notice offences 3 8 Infringement notice penalties 3 9 Contents of infringement notices—other information 3 10 Contents of infringement notices—identifying authorised person 4

Contents Page contents 2 Magistrates Court (Occupational Health and Safety Infringement Notices) Regulation 2004 Effective: 01/07/11 R6 01/07/11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 11 Contents of reminder notices—identifying authorised person 4 12 Authorised people for infringement notice offences 4 Schedule 1 Occupational health and safety legislation infringement notice offences and penalties 5 Part 1.1 Occupational Health and Safety Act 1989 5 Part 1.2 Occupational Health and Safety (General) Regulation 2007 7 Part 1.3 Occupational Health and Safety (Certification of Plant Users and Operators) Regulation 2000 8 Endnotes 1 About the endnotes 9 2 Abbreviation key 9 3 Legislation history 10 4 Amendment history 11 5 Earlier republications 12

R6 01/07/11 Magistrates Court (Occupational Health and Safety Infringement Notices) Regulation 2004 Effective: 01/07/11 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Magistrates Court (Occupational Health and Safety Infringement Notices) Regulation 2004 made under the Magistrates Court Act 1930

Section 1 page 2 Magistrates Court (Occupational Health and Safety Infringement Notices) Regulation 2004 Effective: 01/07/11 R6 01/07/11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 1 Name of regulation This regulation is the Magistrates Court (Occupational Health and Safety Infringement Notices) Regulation 2004. 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 occupational health and safety 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 the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. 5 Meaning of occupational health and safety legislation In this regulation: occupational health and safety legislation means— (a) the Occupational Health and Safety Act 1989; and (b) the Occupational Health and Safety (General) Regulation 2007; and (c) the Occupational Health and Safety (Certification of Plant Users and Operators) Regulation 2000.

Section 6 R6 01/07/11 Magistrates Court (Occupational Health and Safety Infringement Notices) Regulation 2004 Effective: 01/07/11 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 occupational health and safety legislation is the director-general for the Occupational Health and Safety Act 1989. 7 Infringement notice offences The Magistrates Court Act 1930, part 3.8 applies to an offence against a provision of the occupational health and safety legislation mentioned in schedule 1, column 2. 8 Infringement notice penalties (1) The penalty payable by an individual for an offence against the occupational health and safety 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 occupational health and safety 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 occupational health and safety legislation 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 occupational health and safety 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 10 page 4 Magistrates Court (Occupational Health and Safety Infringement Notices) Regulation 2004 Effective: 01/07/11 R6 01/07/11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 10 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 occupational health and safety legislation must identify the authorised person by— (a) the authorised person’s full name, or surname and initials; or (b) any unique number given, for this regulation, to the authorised person by the administering authority. 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 occupational health and safety legislation must identify the authorised person by— (a) the authorised person’s full name, or surname and initials; or (b) any unique number given, for this regulation, to the authorised person by the administering authority. 12 Authorised people for infringement notice offences An inspector under the Occupational Health and Safety Act 1989, section 201 may serve— (a) an infringement notice for an infringement notice offence against the occupational health and safety legislation; and (b) a reminder notice for an infringement notice offence against the occupational health and safety legislation.

Occupational health and safety legislation infringement notice offences and penalties Schedule 1 Occupational Health and Safety Act 1989 Part 1.1 R6 01/07/11 Magistrates Court (Occupational Health and Safety Infringement Notices) Regulation 2004 Effective: 01/07/11 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Occupational health and safety legislation infringement notice offences and penalties (see s 7 and s 8) Part 1.1 Occupational Health and Safety Act 1989 column 1 item column 2 offence provision column 3 offence penalty (penalty unit) column 4 infringement penalty ($) 1 47 (1) 100 1 000 2 53 (2) 10 100 3 54 (7) 1 100 4 56 (7) 1 100 5 57 (6) 1 100 6 58 (2) 1 100 7 61 (1) 50 200 8 61 (2) 50 200 9 61 (3) 10 100 10 67 (8) 1 100 11 67 (9) 10 100 12 68 (2) 10 100 13 69 100 400 14 75 (3) 10 200 15 75 (4) 10 200

Schedule 1 Occupational health and safety legislation infringement notice offences and penalties Part 1.2 Occupational Health and Safety (General) Regulation 2007 page 6 Magistrates Court (Occupational Health and Safety Infringement Notices) Regulation 2004 Effective: 01/07/11 R6 01/07/11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 offence provision column 3 offence penalty (penalty unit) column 4 infringement penalty ($) 16 75 (6) 5 100 17 75 (7) 5 100 18 87 (1) 10 100 19 87 (4) 10 100 20 103 (3) 10 200 21 104 (4) 5 100 22 143 (2) 20 400 23 143 (3) 20 400 24 144 (1) 20 400 25 150 (2) 20 400 26 150 (3) 20 400 27 151 (1) 20 400 28 153 (1) 100 400 29 159 (2) 20 100 30 159 (3) 20 400 31 160 (1) 20 400 32 165 (1) 200 400 33 202 (3) 1 20 34 205 (2) 10 100

Occupational health and safety legislation infringement notice offences and penalties Schedule 1 Occupational Health and Safety (General) Regulation 2007 Part 1.2 R6 01/07/11 Magistrates Court (Occupational Health and Safety Infringement Notices) Regulation 2004 Effective: 01/07/11 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1.2 Occupational Health and Safety (General) Regulation 2007 column 1 item column 2 offence provision column 3 offence penalty (penalty unit) column 4 infringement penalty ($) 1 21 (1) 10 200 2 27 (2) 10 200 3 28 (2) and (3) 10 200 4 31 (2) and (5) 10 200 5 36 (1), (2) and (3) 10 200 6 50 (3) and (4) 10 200 7 59 (2) 10 200 8 60 (4) and (5) 10 200 9 61 (3) 10 200 10 65 (4) 10 200 11 66 (2) 10 200 12 70 (2) 10 200 13 71 (3) 10 200 14 73 (2) 10 200 15 75 (2) 10 200 16 79 (2) 10 200 17 85 (2) 10 200 18 86 (1) 10 200 19 87 (2) 10 200

Schedule 1 Occupational health and safety legislation infringement notice offences and penalties Part 1.3 Occupational Health and Safety (Certification of Plant Users and Operators) Regulation 2000 page 8 Magistrates Court (Occupational Health and Safety Infringement Notices) Regulation 2004 Effective: 01/07/11 R6 01/07/11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 offence provision column 3 offence penalty (penalty unit) column 4 infringement penalty ($) 20 89 (4) 10 200 Part 1.3 Occupational Health and Safety (Certification of Plant Users and Operators) Regulation 2000 column 1 item column 2 offence provision column 3 offence penalty (penalty unit) column 4 infringement penalty ($) 1 12 (3) 5 100 2 17 (2) 5 100 3 18 (1) 5 100 4 21 (3) 5 100 5 25 (1) 10 200 6 27 (9) 5 100 7 33 5 100 8 34 (3) 5 100

Endnotes About the endnotes 1 R6 01/07/11 Magistrates Court (Occupational Health and Safety Infringement Notices) Regulation 2004 Effective: 01/07/11 page 9 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 and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. 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 10 Magistrates Court (Occupational Health and Safety Infringement Notices) Regulation 2004 Effective: 01/07/11 R6 01/07/11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history This regulation was originally the Magistrates Court (Occupational Health and Safety Infringement Notices) Regulations 2004. It was renamed under the Legislation Act 2001. Magistrates Court (Occupational Health and Safety Infringement Notices) Regulation 2004 SL2004-32 notified LR 4 August 2004 s 1, s 2 commenced 4 August 2004 (LA s 75 (1)) remainder commenced 5 August 2004 (s 2 and see Occupational Health and Safety Amendment Act 2004 A2004-29 s 2 (1)) as amended by Occupational Health and Safety (Regulatory Services) Legislation Amendment Act 2007 A2007-37 sch 2 pt 2.2 notified LR 22 November 2007 s 1, s 2 commenced 22 November 2007 (LA s 75 (1)) sch 2 pt 2.2 commenced 23 November 2007 (s 2) Magistrates Court (Occupational Health and Safety Infringement Notices) Amendment Regulation 2008 (No 1) SL2008-9 notified LR 31 March 2008 s 1, s 2 commenced 31 March 2008 (LA s 75 (1)) remainder commenced 26 May 2008 (s 2 and see Occupational Health and Safety (General) Regulation 2007 SL2007-36 s 2) Occupational Health and Safety (General) Amendment Regulation 2008 (No 1) SL2008-51 s 10, s 11 notified LR 22 December 2008 s 1, s 2 commenced 22 December 2008 (LA s 75 (1)) s 10, s 11 commenced 23 December 2008 (s 2) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.105 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.105 commenced 1 July 2011 (s 2 (1))

Endnotes Amendment history 4 R6 01/07/11 Magistrates Court (Occupational Health and Safety Infringement Notices) Regulation 2004 Effective: 01/07/11 page 11 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 Commencement s 2 om LA s 89 (4) Purpose of regulation s 3 am R3 LA (see also SL2008-9 s 4, s 5) Meaning of occupational health and safety legislation s 5 am SL2008-9 s 6 Administering authority s 6 am A2007-37 amdt 2.4; A2011-22 amdt 1.319 Infringement notice offences s 7 am R3 LA (see also SL2008-9 s 7) Authorised people for infringement notice offences s 12 am A2007-37 amdt 2.5 Magistrates Court (Dangerous Substances Infringement Notices) Regulation 2004, regulation 10 (a) and 11 (a) s 13 om LA s 89 (3) Occupational Health and Safety (General) Regulation 2007 sch 1 pt 1.2 sub SL2008-9 s 8 am SL2008-51 s 10, s 11

Endnotes 5 Earlier republications page 12 Magistrates Court (Occupational Health and Safety Infringement Notices) Regulation 2004 Effective: 01/07/11 R6 01/07/11 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 5 Aug 2004 5 Aug 2004– 1 Nov 2004 not amended new regulation R2 2 Nov 2004 2 Nov 2004– 22 Nov 2007 not amended includes editorial amendments under Legislation Act R3 23 Nov 2007 23 Nov 2007– 25 May 2008 A2007-37 amendments by A2007-37 R4 26 May 2008 26 May 2008– 22 Dec 2008 SL2008-9 amendments by SL2008-9 R5 23 Dec 2008 23 Dec 2008– 30 June 2011 SL2008-51 amendments by SL2008-51 © Australian Capital Territory 2011