Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Magistrates Court Regulation 2009
SL2009-24
made under the
Magistrates Court Act 1930
Republication No 4
Effective: 20 April 2024
Republication date: 20 April 2024
Last amendment made by A2024-12
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 Regulation 2009, 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 20 April 2024. It also includes any commencement,
amendment, repeal or expiry affecting this republished law to 20 April 2024.
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).
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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 Regulation 2009
made under the
Magistrates Court Act 1930
Contents
Page
1 Name of regulation 2
3 Notes 2
3A Application for infringement notice management plan or addition to
plan—contents—Act, s 131AA (4) (b) 2
3B Cancellation of infringement notice management plan allowing
payment by instalment—Act, s 131ACA (1) (b) (i) 3
3C Matters to consider when deciding whether to cancel infringement
notice management plan—Act, s 131ACA (4) (b) 3
4 Awarding costs in criminal matters—Act, s 244 (1) (d) (i) 3
5 Costs in criminal matters—agreement by parties 4
Endnotes
1 About the endnotes 5
Contents
Page
contents 2 Magistrates Court Regulation 2009
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2 Abbreviation key 5
3 Legislation history 6
4 Amendment history 7
5 Earlier republications 7
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Australian Capital Territory
Magistrates Court Regulation 2009
made under the
Magistrates Court Act 1930
Section 1
page 2 Magistrates Court Regulation 2009
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1 Name of regulation
This regulation is the Magistrates Court Regulation 2009.
3 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.
3A Application for infringement notice management plan or
addition to plan—contents—Act, s 131AA (4) (b)
(1) The following cards are prescribed:
(a) a health care card issued under the Social Security Act 1991
(Cwlth);
(b) a pensioner concession card issued under the Social Security
Act 1991 (Cwlth);
(c) a pensioner concession card issued in relation to a pension under
the Veterans’ Entitlements Act 1986 (Cwlth) or the Military
Rehabilitation and Compensation Act 2004 (Cwlth);
(d) a gold card.
(2) In this section:
gold card means a card known as the Repatriation Health Card—For
All Conditions that evidences a person’s eligibility, under the
Veterans’ Entitlements Act 1986 (Cwlth) or the Military
Rehabilitation and Compensation Act 2004 (Cwlth), to be provided
with treatment for all injuries or diseases.
Section 3B
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3B Cancellation of infringement notice management plan
allowing payment by instalment—Act, s 131ACA (1) (b) (i)
Any of the following circumstances are prescribed:
(a) the person fails to pay 3 or more consecutive instalments in
accordance with the plan;
(b) the person fails to pay 6 or more instalments in accordance with
the plan in any 12-month period.
3C Matters to consider when deciding whether to cancel
infringement notice management plan—Act, s 131ACA
(4) (b)
The following matters are prescribed:
(a) any reasons given to the administering authority by the person
about why they failed to make the payments as mentioned in
section 3B or otherwise failed to comply with the plan;
(b) whether it is likely the person will—
(i) if a circumstance mentioned in section 3B applies—fail to
pay further instalments in accordance with the plan; or
(ii) in any case—fail to comply with the plan in the future.
4 Awarding costs in criminal matters—Act, s 244 (1) (d) (i)
(1) In awarding costs, the court may order that the amount to be paid is
the amount––
(a) decided by the court; or
(b) agreed by the parties.
(2) The amount to be paid must be worked out in accordance with the
Court Procedures Rules 2006, schedule 4 (the scale of costs) as
applied under subsection (3).
Section 5
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(3) In working out the amount—
(a) a reference to the registrar is taken to be a reference to the court
or the parties; and
(b) the amount allowed under an item in part 4.2 of the scale of costs
is multiplied by 67%; and
(c) rule 4.12 (Costs—transitional) of the scale of costs does not
apply.
5 Costs in criminal matters—agreement by parties
(1) This section applies if the court orders, under section 4 (1) (b), that
the amount of costs to be paid is the amount agreed by the parties.
(2) If the party entitled to costs and the party liable for costs agree that
the costs be set at a certain amount (the agreed amount), either party
may file a written agreement to the costs being set at the agreed
amount.
(3) The agreement must be signed by the parties or their solicitors.
(4) On the filing of the agreement, the agreed amount is taken to be the
amount of costs to be paid.
(5) If the parties cannot agree on the amount, the court may order that the
registrar assess costs in accordance with the scale of costs as applied
under section 4 (3) (b) and (c).
Endnotes
About the endnotes 1
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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
3 Legislation history
page 6 Magistrates Court Regulation 2009
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3 Legislation history
Magistrates Court Regulation 2009 SL2009-24
notified LR 28 May 2009
s 1, s 2 commenced 28 May 2009 (LA s 75 (1))
remainder commenced 30 May 2009 (s 2)
as amended by
Statute Law Amendment Act 2013 A2013-19 sch 3 pt 3.28
notified LR 24 May 2013
s 1, s 2 commenced 24 May 2013 (LA s 75 (1))
sch 3 pt 3.28 commenced 14 June 2013 (s 2)
Magistrates Court (Infringement Notices) Amendment Act 2020
A2020-5 pt 3 (as am by A2021-33 pt 15)
notified LR 27 February 2020
s 1, s 2 commenced 27 February 2020 (LA s 75 (1))
pt 3 commenced 27 February 2024 (s 2 (2) (as am by A2021-33 pt 15)
and LA s 79)
Justice and Community Safety Legislation Amendment Act 2021
(No 2) A2021-33 pt 15
notified LR 10 December 2021
s 1, s 2 commenced 10 December 2021 (LA s 75 (1))
pt 15 commenced 17 December 2021 (s 2 (1))
Note This Act only amends the Magistrates Court (Infringement
Notices) Amendment Act 2020 A2020-5.
Crimes Legislation Amendment Act 2024 A2024-12 pt 10
notified LR 19 April 2024
s 1, s 2 commenced 19 April 2024 (LA s 75 (1))
pt 10 commenced 20 April 2024 (s 2 (3) (b))
Endnotes
Amendment history 4
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4 Amendment history
Commencement
s 2 om LA s 89 (4)
Application for infringement notice management plan or addition to plan—
contents—Act, s 131AA (4) (b)
s 3A ins A2020-5 s 27
Cancellation of infringement notice management plan allowing payment by
instalment—Act, s 131ACA (1) (b) (i)
s 3B ins A2024-12 s 24
Matters to consider when deciding whether to cancel infringement notice
management plan—Act, s 131ACA (4) (b)
s 3C ins A2024-12 s 24
Awarding costs in criminal matters—Act, s 244 (1) (d) (i)
s 4 am A2013-19 amdt 3.209
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 May 2009
30 May 2009–
13 June 2013
not amended new regulation
R2
14 June 2013
14 June 2013–
26 Feb 2024
A2013-19 amendments by
A2013-19
R3
27 Feb 2024
27 Feb 2024–
19 Apr 2024
A2020-5 amendments by
A2020-5 as
amended by
A2021-33