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Magistrates Court (Smoking in Cars with Children Infringement Notices) Regulation 2012
1Magistrates Court (Smoking in Cars with Children Infringement Notices) Regulation 2012
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Australian Capital Territory
Magistrates Court (Smoking in Cars
with Children Infringement Notices)
Regulation 2012
SL2012-17
made under the
Magistrates Court Act 1930
Republication No 2
Effective: 10 June 2015
Republication date: 10 June 2015
Last amendment made by A2015-15
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 (Smoking in Cars with Children Infringement
Notices) Regulation 2012, 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
10 June 2015. It also includes any commencement, amendment, repeal or expiry affecting this
republished law to 10 June 2015.
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 $150 for
an individual and $750 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 (Smoking in Cars
with Children Infringement Notices)
Regulation 2012
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 2
7 Infringement notice offences 3
8 Infringement notice penalties 3
9 Contents of infringement notices—identifying authorised person 3
10 Contents of reminder notices—identifying authorised person 3
Contents
Page
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11 Authorised people for infringement notice offences 4
Schedule 1 Smoking in Cars with Children (Prohibition)
Act 2011 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 9
5 Earlier republications 9
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Australian Capital Territory
Magistrates Court (Smoking in Cars
with Children Infringement Notices)
Regulation 2012
made under the
Magistrates Court Act 1930
Section 1
page 2 Magistrates Court (Smoking in Cars with Children
Infringement Notices) Regulation 2012
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Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
1 Name of regulation
This regulation is the Magistrates Court (Smoking in Cars with
Children Infringement Notices) Regulation 2012.
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 Smoking in Cars with Children (Prohibition) Act 2011.
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.
6 Administering authority
The administering authority for an infringement notice offence
against the Smoking in Cars with Children (Prohibition) Act 2011 is
the director-general for that Act.
Section 7
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7 Infringement notice offences
The Magistrates Court Act 1930, part 3.8 applies to an offence
against a provision of the Smoking in Cars with Children
(Prohibition) Act 2011 mentioned in schedule 1, column 2.
8 Infringement notice penalties
(1) The penalty payable by an individual for an offence against the
Smoking in Cars with Children (Prohibition) Act 2011, 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 Smoking in Cars with Children (Prohibition)
Act 2011 is $34.
9 Contents of infringement notices—identifying authorised
person
An infringement notice served on a person by an authorised person
for an infringement notice offence against the Smoking in Cars with
Children (Prohibition) Act 2011 must identify the authorised person
by the police officer’s service number.
10 Contents of reminder notices—identifying authorised
person
A reminder notice served on a person by an authorised person for an
infringement notice offence against the Smoking in Cars with
Children (Prohibition) Act 2011 must identify the authorised person
by the police officer’s service number.
Section 11
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Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
11 Authorised people for infringement notice offences
A police officer may serve the following:
(a) an infringement notice for an infringement notice offence
against the Smoking in Cars with Children (Prohibition)
Act 2011;
(b) a reminder notice for an infringement notice offence against
the Smoking in Cars with Children (Prohibition) Act 2011.
Smoking in Cars with Children (Prohibition) Act 2011 infringement notice
offences and penalties
Schedule 1
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Schedule 1 Smoking in Cars with Children
(Prohibition) Act 2011
infringement notice offences
and penalties
(see s 7 and s 8)
column 1
item
column 2
offence provision
column 3
offence penalty
(penalty units)
column 4
infringement penalty
($)
1 7 (1) 50 250
2 8 (2) 20 120
Dictionary
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Infringement Notices) Regulation 2012
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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:
director-general (see s 163)
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
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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
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3 Legislation history
Magistrates Court (Smoking in Cars with Children Infringement
Notices) Regulation 2012 SL2012-17
notified LR 26 April 2012
s 1, s 2 commenced 26 April 2012 (LA s 75 (1))
remainder commenced 1 May 2012 (s 2)
as amended by
Statute Law Amendment Act 2015 A2015-15 sch 3 pt 3.38
notified LR 27 May 2015
s 1, s 2 commenced 27 May 2015 (LA s 75 (1))
sch 3 pt 3.38 commenced 10 June 2015 (s 2)