Turn the raw legal text into a practical explanation grounded in Magistrates Court (Waste Management and Resource Recovery Infringement Notices) Regulation 2017.
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Magistrates Court (Waste Management
and Resource Recovery Infringement
Notices) Regulation 2017
SL2017-37
made under the
Magistrates Court Act 1930
Republication No 2
Effective: 1 November 2021
Republication date: 1 November 2021
Last amendment made by SL2021-25
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 (Waste Management and Resource Recovery
Infringement Notices) Regulation 2017, 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 November 2021. It also includes any commencement, amendment, repeal or expiry
affecting this republished law to 1 November 2021.
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 includes 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 (Waste Management
and Resource Recovery Infringement
Notices) Regulation 2017
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 Infringement notice offences 3
7A Declared offences—Act, s 117, definition of vehicle-related offence,
par (b) 3
7B Declared Act—known offender declarations—Act, s 131E (1) (b) (iii) 3
Contents
Page
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8 Infringement notice penalties 4
9 Contents of infringement notices—identifying authorised person 4
10 Contents of infringement notices—other information 4
11 Contents of reminder notices—identifying authorised person 5
12 Authorised people for infringement notice offences 5
Schedule 1 Waste legislation infringement notice
offences and penalties 6
Part 1.1 Waste Management and Resource Recovery Act 2016 6
Part 1.2 Waste Management and Resource Recovery
Regulation 2017 7
Schedule 2 Waste Management and Resource Recovery
Regulation 2017 vehicle-related offences at
waste facilities 8
Dictionary 9
Endnotes
1 About the endnotes 10
2 Abbreviation key 10
3 Legislation history 11
4 Amendment history 12
5 Earlier republications 12
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Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Magistrates Court (Waste Management
and Resource Recovery Infringement
Notices) Regulation 2017
made under the
Magistrates Court Act 1930
Section 1
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1 Name of regulation
This regulation is the Magistrates Court (Waste Management and
Resource Recovery Infringement Notices) Regulation 2017.
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, and includes references (signpost definitions) to other
terms defined elsewhere.
For example, the signpost definition ‘authorised person—see the
Waste Management and Resource Recovery Act 2016, dictionary.’ means
that the term ‘authorised person’ is defined in that dictionary and the
definition applies to this regulation.
Note 2 A definition in the dictionary (including a signpost definition) 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 waste 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.
Section 6
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6 Administering authority
The administering authority for an infringement notice offence
against the waste legislation is the waste manager.
7 Infringement notice offences
The Magistrates Court Act 1930, part 3.8 applies to an offence against
a provision of the waste legislation mentioned in schedule 1,
column 2.
7A Declared offences—Act, s 117, definition of
vehicle-related offence, par (b)
An offence against a provision of the waste legislation mentioned in
schedule 2, column 2 is declared to be an offence to which the
Magistrates Court Act 1930, division 3.8.3 (Additional provisions for
vehicle-related offences) applies.
7B Declared Act—known offender declarations—Act,
s 131E (1) (b) (iii)
The Waste Management and Resource Recovery Act 2016 is declared
to be an Act to which the Act, section 131E (1) (b) (iii) applies.
Note The Act, s 131E (1) (b) (iii) allows the responsible person for a vehicle
who has been served with an infringement notice for a vehicle-related
offence under a declared Act to make a known offender declaration that
the responsible person saw another named person do the act the subject
of the offence.
Section 8
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8 Infringement notice penalties
(1) The penalty payable by an individual for an offence against the waste
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 waste
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 waste legislation 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 waste 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.
10 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 waste 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 11
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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 waste 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 authorised person may serve the following:
(a) an infringement notice for an infringement notice offence
against the waste legislation;
(b) a reminder notice for an infringement notice offence against the
waste legislation.
Schedule 1 Waste legislation infringement notice offences and penalties
Part 1.1 Waste Management and Resource Recovery Act 2016
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Schedule 1 Waste legislation infringement
notice offences and penalties
(see s 7 and s 8)
Part 1.1 Waste Management and
Resource Recovery Act 2016
column 1
item
column 2
offence provision
column 3
offence penalty
(penalty units)
column 4
infringement
penalty ($)
1 50 (1) 10 75
2 61 (2) 50 750
3 66 (1) 50 750
4 72 (1) 50 1 500
5 75 (2) 1 30
6 81 (5) 50 1 500
7 83 (1) 5 150
8 108 (1) 50 750
Schedule 2 Waste Management and Resource Recovery Regulation 2017 vehicle-
related offences at waste facilities
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Schedule 2 Waste Management and
Resource Recovery
Regulation 2017 vehicle-related
offences at waste facilities
(see s 7A)
column 1
item
column 2
vehicle-related offence provision
1 24AC (1)
2 24AE (1)
3 24AE (3)
4 24AF (1)
5 24AF (2) (a)
6 24AF (2) (b)
7 24AF (2) (c)
8 24AG (1)
Dictionary
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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:
• corporation
• Corporations Act
• individual.
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
• infringement notice
• infringement notice offence
• reminder notice.
authorised person—see the Waste Management and Resource
Recovery Act 2016, dictionary.
waste legislation means—
(a) the Waste Management and Resource Recovery Act 2016; and
(b) the Waste Management and Resource Recovery
Regulation 2017.
waste manager—see the Waste Management and Resource Recovery
Act 2016, dictionary.
Endnotes
1 About the endnotes
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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
Legislation history 3
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3 Legislation history
Magistrates Court (Waste Management and Resource Recovery
Infringement Notices) Regulation 2017 SL2017-37
notified LR 7 December 2017
s 1, s 2 commenced 7 December 2017 (LA s 75 (1))
remainder commenced 8 December 2017 (s 2)
as amended by
Magistrates Court (Waste Management and Resource Recovery
Infringement Notices) Amendment Regulation 2021 (No 1) SL2021-25
notified LR 25 October 2021
s 1, s 2 commenced 25 October 2021 (LA s 75 (1))
remainder commenced 1 November 2021 (s 2 and see Waste
Management and Resource Recovery Amendment Regulation 2021
(No 1) SL2021-24 s 2)