Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 (ACT)

This regulation prescribes how the Magistrates Court Act 1930 infringement‑notice system (part 3.8) operates for a specified set of offences in the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011. Mechanically it does four things.

First, it designates the administering authority for those infringement notices as “the regulator under the Work Health and Safety Act 2011” (s 6). That places responsibility for issuing, processing and recording infringement notices for the listed WHS offences with the WHS regulator (as defined in the WHS Act).

Second, it brings a long list of specific WHS Act and WHS Regulation provisions within the Magistrates Court Act infringement‑notice scheme (s 7 and schedule 1). Schedule 1 maps each listed statutory offence provision (column 2) to the full statutory penalty in dollars (column 3) and to the fixed infringement penalty to be imposed by way of infringement notice (column 4). The schedule distinguishes individuals and body corporates and sets different dollar figures for each. The schedule therefore sets the menu of which WHS contraventions may be dealt with by infringement notice and the monetary amount payable if a person accepts the notice.

Third, it sets content and service requirements for infringement notices and reminder notices served in relation to WHS infringement‑notice offences. An inspector serving an infringement or a reminder notice must identify the authorised person either by the authorised person’s full name, or surname and initials, or by any unique number given to the authorised person by the administering authority (ss 9 and 11). Where an infringement notice is served on a company, the notice must include the company’s ACN (s 10(1)); the regulation notes this requirement is additional to the Magistrates Court Act s 121(1)(c) requirement. The regulation also fixes the administrative cost for serving a reminder notice at $34 (s 8(2)).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 SL2011-38 made under the Magistrates Court Act 1930 Republication No 8 Effective: 1 July 2023 Republication date: 1 July 2023 Last amendment made by SL2023-2

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 (Work Health and Safety Infringement Notices) Regulation 2011, 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 2023. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2023. 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).

R8 01/07/23 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 made under the Magistrates Court Act 1930 Contents Page 1 Name of regulation 2 3 Dictionary 2 4 Notes 2 5 Purpose of regulation 3 6 Administering authority 3 7 Infringement notice offences 3 8 Infringement notice penalties 3 9 Contents of infringement notices—identifying authorised person 4 10 Contents of infringement notices—other information 4

Contents Page contents 2 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 R8 01/07/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 11 Contents of reminder notice—identifying authorised person 4 12 Authorised people for infringement notice offences 5 Schedule 1 Work health and safety legislation infringement notice offences and penalties 6 Part 1.1 Work Health and Safety Act 2011 6 Part 1.2 Work Health and Safety Regulation 2011 9 Dictionary 33 Endnotes 1 About the endnotes 34 2 Abbreviation key 34 3 Legislation history 35 4 Amendment history 37 5 Earlier republications 38

R8 01/07/23 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 made under the Magistrates Court Act 1930

Section 1 page 2 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 R8 01/07/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 1 Name of regulation This regulation is the Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011. 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 ‘inspector—see the Work Health and Safety Act 2011, dictionary.’ means that the term ‘inspector’ 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.

Section 5 R8 01/07/23 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 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 work health and safety legislation. Note 1 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. Note 2 If an infringement notice is to be given to the Territory for an offence against the work health and safety legislation, the infringement notice may be given to the territory agency whose acts or omissions are alleged to contravene the work health and safety legislation and the territory agency may be specified in the infringement notice (see the Act, s 248). Note 3 An infringement notice served on a public authority for an offence against the work health and safety legislation is taken to be an infringement notice served on its successor if the successor is a public authority. Similarly, any penalty paid by a public authority in relation to an infringement notice is taken to be a penalty paid by its successor if the successor is a public authority (see the Act, s 253). 6 Administering authority The administering authority for an infringement notice offence against the work health and safety legislation is the regulator under the Work Health and Safety Act 2011. 7 Infringement notice offences The Magistrates Court Act 1930, part 3.8 applies to an offence against a provision of the work health and safety legislation mentioned in schedule 1, column 2. 8 Infringement notice penalties (1) The penalty payable for an offence against the work health and safety legislation, under an infringement notice for the offence, is the amount mentioned in schedule 1, column 4 for the offence.

Section 9 page 4 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 R8 01/07/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The cost of serving a reminder notice for an infringement notice offence against the work health and safety 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 work 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. 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 work 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. 11 Contents of reminder notice—identifying authorised person A reminder notice served on a person by an authorised person for an infringement notice offence against the work 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.

Section 12 R8 01/07/23 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 12 Authorised people for infringement notice offences An inspector may serve the following: (a) an infringement notice for an infringement notice offence against the work health and safety legislation; (b) a reminder notice for an infringement notice offence against the work health and safety legislation.

Schedule 1 Work health and safety legislation infringement notice offences and penalties Part 1.1 Work Health and Safety Act 2011 page 6 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 R8 01/07/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Work health and safety legislation infringement notice offences and penalties (see s 7 and s 8) Part 1.1 Work Health and Safety Act 2011 column 1 item column 2 offence provision column 3 offence penalty ($) column 4 infringement penalty ($) 1 38 (1) 1.1 • for an individual 10 000 720 1.2 • for a body corporate 50 000 3 600 2 38 (7) 2.1 • for an individual 5 000 600 2.2 • for a body corporate 25 000 3 000 3 43 (1) 3.1 • for an individual 20 000 4 000 3.2 • for a body corporate 100 000 20 000 4 43 (2) 4.1 • for an individual 20 000 4 000 4.2 • for a body corporate 100 000 20 000 5 70 (1) (c) 5.1 • for an individual 10 000 720 5.2 • for a body corporate 50 000 3 600

Work health and safety legislation infringement notice offences and penalties Schedule 1 Work Health and Safety Act 2011 Part 1.1 R8 01/07/23 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 page 7 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 ($) column 4 infringement penalty ($) 6 70 (1) (d) 6.1 • for an individual 10 000 720 6.2 • for a body corporate 50 000 3 600 7 70 (1) (e) 7.1 • for an individual 10 000 720 7.2 • for a body corporate 50 000 3 600 8 70 (2) 8.1 • for an individual 10 000 720 8.2 • for a body corporate 50 000 3 600 9 72 (7) 9.1 • for an individual 10 000 720 9.2 • for a body corporate 50 000 3 600 10 74 (1) 10.1 • for an individual 2 000 240 10.2 • for a body corporate 10 000 1 200 11 75 (1) 11.1 • for an individual 5 000 600 11.2 • for a body corporate 25 000 3 000 12 79 (3) 12.1 • for an individual 10 000 720 12.2 • for a body corporate 50 000 3 600 13 79 (4) 13.1 • for an individual 10 000 720 13.2 • for a body corporate 50 000 3 600

Schedule 1 Work health and safety legislation infringement notice offences and penalties Part 1.1 Work Health and Safety Act 2011 page 8 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 R8 01/07/23 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 ($) column 4 infringement penalty ($) 14 97 (1) 14.1 • for an individual 5 000 600 14.2 • for a body corporate 25 000 3 000 15 193 15.1 • for an individual 50 000 720 15.2 • for a body corporate 250 000 3 600 16 210 (1) 16.1 • for an individual 5 000 1 000 16.2 • for a body corporate 25 000 5 000 17 273 17.1 • for an individual 5 000 600 17.2 • for a body corporate 25 000 3 000

Work health and safety legislation infringement notice offences and penalties Schedule 1 Work Health and Safety Regulation 2011 Part 1.2 R8 01/07/23 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1.2 Work Health and Safety Regulation 2011 column 1 item column 2 offence provision column 3 offence penalty ($) column 4 infringement penalty ($) 1 22 (3) 1.1 • for an individual 3 600 432 1.2 • for a body corporate 18 000 2 160 2 42 (1) 2.1 • for an individual 6 000 720 2.2 • for a body corporate 30 000 3 600 3 44 (2) 3.1 • for an individual 6 000 720 3.2 • for a body corporate 30 000 3 600 4 44 (4) 4.1 • for an individual 6 000 720 4.2 • for a body corporate 30 000 3 600 5 46 (2) 5.1 • for an individual 3 600 432 5.2 • for a body corporate 18 000 2 160 6 46 (4) 6.1 • for an individual 3 600 432 6.2 • for a body corporate 18 000 2 160 7 48 (2) 7.1 • for an individual 6 000 720 7.2 • for a body corporate 30 000 3 600

Schedule 1 Work health and safety legislation infringement notice offences and penalties Part 1.2 Work Health and Safety Regulation 2011 page 10 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 R8 01/07/23 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 ($) column 4 infringement penalty ($) 8 50 (2) 8.1 • for an individual 1 250 144 8.2 • for a body corporate 6 000 720 9 50 (3) 9.1 • for an individual 3 600 720 9.2 • for a body corporate 18 000 3 600 10 66 (2) 10.1 • for an individual 3 600 432 10.2 • for a body corporate 18 000 2 160 11 66 (5) 11.1 • for an individual 3 600 432 11.2 • for a body corporate 18 000 2 160 12 67 (4) 12.1 • for an individual 6 000 720 12.2 • for a body corporate 30 000 3 600 13 68 (1) 13.1 • for an individual 3 600 432 13.2 • for a body corporate 18 000 2 160 14 69 14.1 • for an individual 6 000 720 14.2 • for a body corporate 30 000 3 600 15 76 (2) 15.1 • for an individual 1 250 144 15.2 • for a body corporate 6 000 720

Work health and safety legislation infringement notice offences and penalties Schedule 1 Work Health and Safety Regulation 2011 Part 1.2 R8 01/07/23 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 page 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 ($) column 4 infringement penalty ($) 16 77 (2) 16.1 • for an individual 1 250 144 16.2 • for a body corporate 6 000 720 17 77 (3) 17.1 • for an individual 1 250 144 17.2 • for a body corporate 6 000 720 18 77 (4) 18.1 • for an individual 1 250 144 18.2 • for a body corporate 6 000 720 19 77 (5) 19.1 • for an individual 3 600 432 19.2 • for a body corporate 18 000 2 160 20 79 (2) 20.1 • for an individual 6 000 720 20.2 • for a body corporate 30 000 3 600 21 80 (2) 21.1 • for an individual 6 000 720 21.2 • for a body corporate 30 000 3 600 22 80 (3) 22.1 • for an individual 6 000 720 22.2 • for a body corporate 30 000 3 600

Schedule 1 Work health and safety legislation infringement notice offences and penalties Part 1.2 Work Health and Safety Regulation 2011 page 12 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 R8 01/07/23 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 ($) column 4 infringement penalty ($) 23  () 23.1 • for an individual 6 000 720 23.2 • for a body corporate 30 000 3 600 24 85 (1) 24.1 • for an individual 3 600 432 24.2 • for a body corporate 18 000 2 160 25 85 (2) 25.1 • for an individual 3 600 432 25.2 • for a body corporate 18 000 2 160 26 85 (3) 26.1 • for an individual 3 600 432 26.2 • for a body corporate 18 000 2 160 27 85 (4) 27.1 • for an individual 1 250 144 27.2 • for a body corporate 6 000 720 28 94 (1) 28.1 • for an individual 1 250 144 28.2 • for a body corporate 6 000 720 29 96 29.1 • for an individual 1 250 144 29.2 • for a body corporate 6 000 720

Work health and safety legislation infringement notice offences and penalties Schedule 1 Work Health and Safety Regulation 2011 Part 1.2 R8 01/07/23 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 page 13 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 ($) column 4 infringement penalty ($) 30 97 30.1 • for an individual 1 250 144 30.2 • for a body corporate 6 000 720 31 98 (1) 31.1 • for an individual 1 250 144 31.2 • for a body corporate 6 000 720 32 111 32.1 • for an individual 1 250 144 32.2 • for a body corporate 6 000 720 33 142 (1) 33.1 • for an individual 1 250 144 33.2 • for a body corporate 6 000 720 34 150 (1) 34.1 • for an individual 3 600 432 34.2 • for a body corporate 18 000 2 160 35 150 (2) 35.1 • for an individual 3 600 432 35.2 • for a body corporate 18 000 2 160 36 150 (3) 36.1 • for an individual 1 250 144 36.2 • for a body corporate 6 000 720 37 154 37.1 • for an individual 6 000 720 37.2 • for a body corporate 30 000 3 600

Schedule 1 Work health and safety legislation infringement notice offences and penalties Part 1.2 Work Health and Safety Regulation 2011 page 14 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 R8 01/07/23 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 ($) column 4 infringement penalty ($) 38 155 (1) 38.1 • for an individual 6 000 720 38.2 • for a body corporate 30 000 3 600 39 155 (2) 39.1 • for an individual 6 000 720 39.2 • for a body corporate 30 000 3 600 40 159 40.1 • for an individual 6 000 720 40.2 • for a body corporate 30 000 3 600 41 160 41.1 • for an individual 6 000 720 41.2 • for a body corporate 30 000 3 600 42 165 (1) 42.1 • for an individual 3 600 432 42.2 • for a body corporate 18 000 2 160 43 165 (2) 43.1 • for an individual 1 250 144 43.2 • for a body corporate 6 000 720 44 170 44.1 • for an individual 1 250 144 44.2 • for a body corporate 6 000 720 45 175 (1) 45.1 • for an individual 1 250 144 45.2 • for a body corporate 6 000 720

Work health and safety legislation infringement notice offences and penalties Schedule 1 Work Health and Safety Regulation 2011 Part 1.2 R8 01/07/23 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 page 15 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 ($) column 4 infringement penalty ($) 46 175 (2) 46.1 • for an individual 1 250 144 46.2 • for a body corporate 6 000 720 47 175 (3) 47.1 • for an individual 1 250 144 47.2 • for a body corporate 6 000 720 48 180 48.1 • for an individual 1 250 144 48.2 • for a body corporate 6 000 720 49 181 (2) 49.1 • for an individual 1 250 144 49.2 • for a body corporate 6 000 720 50 181 (3) 50.1 • for an individual 1 250 144 50.2 • for a body corporate 6 000 720 51 181 (4) 51.1 • for an individual 1 250 144 51.2 • for a body corporate 6 000 720 52 182 (2) 52.1 • for an individual 1 250 144 52.2 • for a body corporate 6 000 720 53 182 (3) 53.1 • for an individual 1 250 144 53.2 • for a body corporate 6 000 720

Schedule 1 Work health and safety legislation infringement notice offences and penalties Part 1.2 Work Health and Safety Regulation 2011 page 16 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 R8 01/07/23 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 ($) column 4 infringement penalty ($) 54 182 (4) 54.1 • for an individual 3 600 432 54.2 • for a body corporate 18 000 2 160 55 182 (5) 55.1 • for an individual 1 250 144 55.2 • for a body corporate 6 000 720 56 224 (1) 56.1 • for an individual 3 600 432 56.2 • for a body corporate 18 000 2 160 57 224 (2) 57.1 • for an individual 3 600 432 57.2 • for a body corporate 18 000 2 160 58 225 (2) 58.1 • for an individual 6 000 1 200 58.2 • for a body corporate 30 000 6 000 59 225 (5) 59.1 • for an individual 6 000 1 200 59.2 • for a body corporate 30 000 6 000 60 226 (1) 60.1 • for an individual 1 250 144 60.2 • for a body corporate 6 000 720 61 226 (3) 61.1 • for an individual 1 250 144 61.2 • for a body corporate 6 000 720

Work health and safety legislation infringement notice offences and penalties Schedule 1 Work Health and Safety Regulation 2011 Part 1.2 R8 01/07/23 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 page 17 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 ($) column 4 infringement penalty ($) 62 226 (4) 62.1 • for an individual 1 250 144 62.2 • for a body corporate 6 000 720 63 228 63.1 • for an individual 1 250 144 63.2 • for a body corporate 6 000 720 64 229 (1) 64.1 • for an individual 1 250 144 64.2 • for a body corporate 6 000 720 65 229 (2) 65.1 • for an individual 1 250 144 65.2 • for a body corporate 6 000 720 66 230 (1) 66.1 • for an individual 1 250 144 66.2 • for a body corporate 6 000 720 67 230 (2) 67.1 • for an individual 1 250 144 67.2 • for a body corporate 6 000 720 68 230 (3) 68.1 • for an individual 1 250 144 68.2 • for a body corporate 6 000 720 69 237 (2) 69.1 • for an individual 1 250 144 69.2 • for a body corporate 6 000 720

Schedule 1 Work health and safety legislation infringement notice offences and penalties Part 1.2 Work Health and Safety Regulation 2011 page 18 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 R8 01/07/23 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 ($) column 4 infringement penalty ($) 70 237 (4) 70.1 • for an individual 1 250 144 70.2 • for a body corporate 6 000 720 71 237 (5) 71.1 • for an individual 1 250 144 71.2 • for a body corporate 6 000 720 72 238 (2) 72.1 • for an individual 6 000 720 72.2 • for a body corporate 30 000 3 600 73 253 73.1 • for an individual 3 600 432 73.2 • for a body corporate 18 000 2 160 74 254 74.1 • for an individual 3 600 432 74.2 • for a body corporate 18 000 2 160 75 260 (3) 75.1 • for an individual 1 250 144 75.2 • for a body corporate 6 000 720 76 260 (4) 76.1 • for an individual 1 250 144 76.2 • for a body corporate 6 000 720 77 260 (5) 77.1 • for an individual 1 250 144 77.2 • for a body corporate 6 000 720

Work health and safety legislation infringement notice offences and penalties Schedule 1 Work Health and Safety Regulation 2011 Part 1.2 R8 01/07/23 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 page 19 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 ($) column 4 infringement penalty ($) 78 262 (1) 78.1 • for an individual 1 250 144 78.2 • for a body corporate 6 000 720 79 273 (3) 79.1 • for an individual 1 250 144 79.2 • for a body corporate 6 000 720 80 273 (4) 80.1 • for an individual 1 250 144 80.2 • for a body corporate 6 000 720 81 275 (1) 81.1 • for an individual 1 250 144 81.2 • for a body corporate 6 000 720 82 282 (1) 82.1 • for an individual 1 250 144 82.2 • for a body corporate 6 000 720 83 287 83.1 • for an individual 1 250 144 83.2 • for a body corporate 6 000 720 84 288 (1) 84.1 • for an individual 1 250 144 84.2 • for a body corporate 6 000 720 85 296 85.1 • for an individual 3 600 432 85.2 • for a body corporate 18 000 2 160

Schedule 1 Work health and safety legislation infringement notice offences and penalties Part 1.2 Work Health and Safety Regulation 2011 page 20 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 R8 01/07/23 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 ($) column 4 infringement penalty ($) 86 299 (1) 86.1 • for an individual 6 000 720 86.2 • for a body corporate 30 000 3 600 87 300 (1) 87.1 • for an individual 6 000 720 87.2 • for a body corporate 30 000 3 600 88 300 (2) 88.1 • for an individual 6 000 720 88.2 • for a body corporate 30 000 3 600 89 301 89.1 • for an individual 3 600 432 89.2 • for a body corporate 18 000 2 160 90 302 90.1 • for an individual 3 600 720 90.2 • for a body corporate 18 000 3 600 91 303 (1) 91.1 • for an individual 1 250 144 91.2 • for a body corporate 6 000 720 92 303 (2) 92.1 • for an individual 1 250 144 92.2 • for a body corporate 6 000 720 93 303 (3) 93.1 • for an individual 3 600 432 93.2 • for a body corporate 18 000 2 160

Work health and safety legislation infringement notice offences and penalties Schedule 1 Work Health and Safety Regulation 2011 Part 1.2 R8 01/07/23 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 page 21 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 ($) column 4 infringement penalty ($) 94 303 (4) 94.1 • for an individual 1 250 250 94.2 • for a body corporate 6 000 1 200 95 304 (3) 95.1 • for an individual 3 600 432 95.2 • for a body corporate 18 000 2 160 96 304 (4) 96.1 • for an individual 3 600 432 96.2 • for a body corporate 18 000 2 160 97 304 (5) 97.1 • for an individual 1 250 144 97.2 • for a body corporate 6 000 720 98 306 (3) 98.1 • for an individual 6 000 720 98.2 • for a body corporate 30 000 3 600 99 308 99.1 • for an individual 3 600 432 99.2 • for a body corporate 18 000 2 160 100 309 (1) 100.1 • for an individual 6 000 720 100.2 • for a body corporate 30 000 3 600 101 312 101.1 • for an individual 3 600 432 101.2 • for a body corporate 18 000 2 160

Schedule 1 Work health and safety legislation infringement notice offences and penalties Part 1.2 Work Health and Safety Regulation 2011 page 22 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 R8 01/07/23 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 ($) column 4 infringement penalty ($) 102 313 (1) 102.1 • for an individual 1 250 144 102.2 • for a body corporate 6 000 720 103 313 (2) 103.1 • for an individual 1 250 144 103.2 • for a body corporate 6 000 720 104 313 (3) 104.1 • for an individual 3 600 432 104.2 • for a body corporate 18 000 2 160 105 313 (4) 105.1 • for an individual 1 250 144 105.2 • for a body corporate 6 000 720 106 316 106.1 • for an individual 3 600 432 106.2 • for a body corporate 18 000 2 160 107 317 (1) 107.1 • for an individual 3 600 432 107.2 • for a body corporate 18 000 2 160 108 326 (1) 108.1 • for an individual 1 250 144 108.2 • for a body corporate 6 000 720 109 326 (2) 109.1 • for an individual 1 250 144 109.2 • for a body corporate 6 000 720

Work health and safety legislation infringement notice offences and penalties Schedule 1 Work Health and Safety Regulation 2011 Part 1.2 R8 01/07/23 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 page 23 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 ($) column 4 infringement penalty ($) 110 330 (1) 110.1 • for an individual 6 000 1 200 110.2 • for a body corporate 30 000 6 000 111 330 (3) 111.1 • for an individual 6 000 1 200 111.2 • for a body corporate 30 000 6 000 112 330 (4) 112.1 • for an individual 6 000 1 200 112.2 • for a body corporate 30 000 6 000 113 339 (1) 113.1 • for an individual 6 000 1 200 113.2 • for a body corporate 30 000 6 000 114 339 (3) 114.1 • for an individual 6 000 1 200 114.2 • for a body corporate 30 000 6 000 115 340 (3) 115.1 • for an individual 1 250 144 115.2 • for a body corporate 6 000 720 116 340 (4) 116.1 • for an individual 1 250 144 116.2 • for a body corporate 6 000 720 117 346 (1) 117.1 • for an individual 6 000 1 200 117.2 • for a body corporate 30 000 6 000

Schedule 1 Work health and safety legislation infringement notice offences and penalties Part 1.2 Work Health and Safety Regulation 2011 page 24 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 R8 01/07/23 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 ($) column 4 infringement penalty ($) 118 346 (3) 118.1 • for an individual 3 600 720 118.2 • for a body corporate 18 000 3 600 119 348 (6) 119.1 • for an individual 6 000 720 119.2 • for a body corporate 30 000 3 600 120 376 120.1 • for an individual 6 000 1 200 120.2 • for a body corporate 30 000 6 000 121 378 (1) 121.1 • for an individual 1 250 144 121.2 • for a body corporate 6 000 720 122 378 (2) 122.1 • for an individual 1 250 144 122.2 • for a body corporate 6 000 720 123 388 (2) 123.1 • for an individual 3 600 720 123.2 • for a body corporate 18 000 3 600 124 388 (3) 124.1 • for an individual 3 600 720 124.2 • for a body corporate 18 000 3 600 125 390 (2) 125.1 • for an individual 1 250 144 125.2 • for a body corporate 6 000 720

Work health and safety legislation infringement notice offences and penalties Schedule 1 Work Health and Safety Regulation 2011 Part 1.2 R8 01/07/23 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 page 25 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 ($) column 4 infringement penalty ($) 126 390 (3) 126.1 • for an individual 1 250 144 126.2 • for a body corporate 6 000 720 127 391 (3) 127.1 • for an individual 1 250 144 127.2 • for a body corporate 6 000 720 128 404 (1) 128.1 • for an individual 1 250 144 128.2 • for a body corporate 6 000 720 129 404 (2) 129.1 • for an individual 1 250 144 129.2 • for a body corporate 6 000 720 130 409 (1) 130.1 • for an individual 3 600 720 130.2 • for a body corporate 18 000 3 600 131 415 (1) 131.1 • for an individual 6 000 1 200 131.2 • for a body corporate 30 000 6 000 132 415 (2) 132.1 • for an individual 3 600 720 132.2 • for a body corporate 18 000 3 600 133 418 (1) 133.1 • for an individual 1 250 144 133.2 • for a body corporate 6 000 720

Schedule 1 Work health and safety legislation infringement notice offences and penalties Part 1.2 Work Health and Safety Regulation 2011 page 26 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 R8 01/07/23 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 ($) column 4 infringement penalty ($) 134 418 (2) 134.1 • for an individual 1 250 144 134.2 • for a body corporate 6 000 720 135 418B 135.1 • for an individual 6 000 1 200 135.2 • for a body corporate 30 000 6 000 136 418BAA 136.1 • for an individual 6 000 1 200 136.2 • for a body corporate 30 000 6 000 137 418D (1) 137.1 • for an individual 6 000 1 200 137.2 • for a body corporate 30 000 6 000 138 418D (4) 138.1 • for an individual 1 250 250 138.2 • for a body corporate 6 000 1 200 139 418D (5) 139.1 • for an individual 1 250 250 139.2 • for a body corporate 6 000 1 200 140 419 (1) 140.1 • for an individual 6 000 1 200 140.2 • for a body corporate 30 000 6 000 141 423 (2) 141.1 • for an individual 1 250 144 141.2 • for a body corporate 6 000 720

Work health and safety legislation infringement notice offences and penalties Schedule 1 Work Health and Safety Regulation 2011 Part 1.2 R8 01/07/23 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 page 27 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 ($) column 4 infringement penalty ($) 142 425 (1) 142.1 • for an individual 3 600 432 142.2 • for a body corporate 18 000 2 160 143 425 (2) 143.1 • for an individual 3 600 432 143.2 • for a body corporate 18 000 2 160 144 426 (1) 144.1 • for an individual 3 600 432 144.2 • for a body corporate 18 000 2 160 145 427 (1) 145.1 • for an individual 3 600 432 145.2 • for a body corporate 18 000 2 160 146 427 (2) 146.1 • for an individual 3 600 432 146.2 • for a body corporate 18 000 2 160 147 429 (5) 147.1 • for an individual 3 600 432 147.2 • for a body corporate 18 000 2 160 148 432 (5) 148.1 • for an individual 3 600 432 148.2 • for a body corporate 18 000 2 160 149 434 149.1 • for an individual 6 000 720 149.2 • for a body corporate 30 000 3 600

Schedule 1 Work health and safety legislation infringement notice offences and penalties Part 1.2 Work Health and Safety Regulation 2011 page 28 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 R8 01/07/23 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 ($) column 4 infringement penalty ($) 150 438 (1) 150.1 • for an individual 3 600 432 150.2 • for a body corporate 18 000 2 160 151 438 (2) 151.1 • for an individual 3 600 432 151.2 • for a body corporate 18 000 2 160 152 444 (1) 152.1 • for an individual 1 250 144 152.2 • for a body corporate 6 000 720 153 444 (2) 153.1 • for an individual 1 250 144 153.2 • for a body corporate 6 000 720 154 445 (3) 154.1 • for an individual 1 250 144 154.2 • for a body corporate 6 000 720 155 445 (4) 155.1 • for an individual 1 250 144 155.2 • for a body corporate 6 000 720 156 446 (1) 156.1 • for an individual 3 600 720 156.2 • for a body corporate 18 000 3 600 157 446 (3) 157.1 • for an individual 3 600 720 157.2 • for a body corporate 18 000 3 600

Work health and safety legislation infringement notice offences and penalties Schedule 1 Work Health and Safety Regulation 2011 Part 1.2 R8 01/07/23 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 page 29 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 ($) column 4 infringement penalty ($) 158 449 158.1 • for an individual 6 000 720 158.2 • for a body corporate 30 000 3 600 159 450 159.1 • for an individual 6 000 720 159.2 • for a body corporate 30 000 3 600 160 451 (5) 160.1 • for an individual 3 600 432 160.2 • for a body corporate 18 000 2 160 161 458 161.1 • for an individual 6 000 1 200 161.2 • for a body corporate 30 000 6 000 162 461 (1) 162.1 • for an individual 1 250 144 162.2 • for a body corporate 6 000 720 163 461 (2) 163.1 • for an individual 1 250 144 163.2 • for a body corporate 6 000 720 164 464 (3) 164.1 • for an individual 3 600 432 164.2 • for a body corporate 18 000 2 160 165 465 (1) 165.1 • for an individual 3 600 432 165.2 • for a body corporate 18 000 2 160

Schedule 1 Work health and safety legislation infringement notice offences and penalties Part 1.2 Work Health and Safety Regulation 2011 page 30 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 R8 01/07/23 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 ($) column 4 infringement penalty ($) 166 465 (2) 166.1 • for an individual 3 600 432 166.2 • for a body corporate 18 000 2 160 167 465 (3) 167.1 • for an individual 3 600 432 167.2 • for a body corporate 18 000 2 160 168 466 (1) 168.1 • for an individual 3 600 432 168.2 • for a body corporate 18 000 2 160 169 466 (3) 169.1 • for an individual 3 600 432 169.2 • for a body corporate 18 000 2 160 170 482 (3) 170.1 • for an individual 3 600 432 170.2 • for a body corporate 18 000 2 160 171 505 (1) 171.1 • for an individual 1 250 144 171.2 • for a body corporate 6 000 720 172 506 (1) 172.1 • for an individual 1 250 144 172.2 • for a body corporate 6 000 720 173 507 (1) 173.1 • for an individual 1 250 144 173.2 • for a body corporate 6 000 720

Work health and safety legislation infringement notice offences and penalties Schedule 1 Work Health and Safety Regulation 2011 Part 1.2 R8 01/07/23 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 page 31 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 ($) column 4 infringement penalty ($) 174 512 174.1 • for an individual 1 250 144 174.2 • for a body corporate 6 000 720 175 513 (1) 175.1 • for an individual 1 250 144 175.2 • for a body corporate 6 000 720 176 525 176.1 • for an individual 1 250 144 176.2 • for a body corporate 6 000 720 177 529 177.1 • for an individual 3 600 432 177.2 • for a body corporate 18 000 2 160 178 555 (4) 178.1 • for an individual 6 000 1 200 178.2 • for a body corporate 30 000 6 000 179 555 (5) 179.1 • for an individual 3 600 720 179.2 • for a body corporate 18 000 3 600 180 572 (4) 180.1 • for an individual 1 250 144 180.2 • for a body corporate 6 000 720 181 587 (1) 181.1 • for an individual 1 250 144 181.2 • for a body corporate 6 000 720

Schedule 1 Work health and safety legislation infringement notice offences and penalties Part 1.2 Work Health and Safety Regulation 2011 page 32 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 R8 01/07/23 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 ($) column 4 infringement penalty ($) 182 588 (1) 182.1 • for an individual 1 250 144 182.2 • for a body corporate 6 000 720 183 593 183.1 • for an individual 1 250 144 183.2 • for a body corporate 6 000 720 184 594 (1) 184.1 • for an individual 1 250 144 184.2 • for a body corporate 6 000 720 185 607 185.1 • for an individual 1 250 144 185.2 • for a body corporate 6 000 720

Dictionary R8 01/07/23 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 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: • 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 • authorised person • infringement notice • infringement notice offence • reminder notice. inspector––see the Work Health and Safety Act 2011, dictionary. work health and safety legislation means— (a) the Work Health and Safety Act 2011; and (b) the Work Health and Safety Regulation 2011.

Endnotes 1 About the endnotes page 34 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 R8 01/07/23 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 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 R8 01/07/23 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 SL2011-38 notified LR 22 December 2011 s 1, s 2 commenced 22 December 2011 (LA s 75 (1)) remainder commenced 1 January 2012 (s 2 and see Work Health and Safety Act 2011 A2011-35, s 2 and CN2011-12) as amended by Magistrates Court (Work Health and Safety Infringement Notices) Amendment Regulation 2013 (No 1) SL2013-12 notified LR 13 June 2013 s 1, s 2 commenced 13 June 2013 (LA s 75 (1)) remainder commenced 1 July 2013 (s 2) Magistrates Court (Work Health and Safety Infringement Notices) Amendment Regulation 2015 (No 1) SL2015-7 notified LR 26 February 2015 s 1, s 2 commenced 26 February 2015 (LA s 75 (1)) remainder commenced 27 February 2015 (s 2) Magistrates Court (Work Health and Safety Infringement Notices) Amendment Regulation 2015 (No 2) SL2015-16 notified LR 6 May 2015 s 1, s 2 commenced 6 May 2015 (LA s 75 (1)) remainder commenced 7 May 2015 (s 2) Statute Law Amendment Act 2015 A2015-15 sch 3 pt 3.44 notified LR 27 May 2015 s 1, s 2 commenced 27 May 2015 (LA s 75 (1)) sch 3 pt 3.44 commenced 10 June 2015 (s 2) Magistrates Court (Work Health and Safety Infringement Notices) Amendment Regulation 2018 (No 1) SL2018-7 notified LR 10 May 2018 s 1, s 2 commenced 10 May 2018 (LA s 75 (1)) remainder commenced 11 May 2018 (s 2)

Endnotes 3 Legislation history page 36 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 R8 01/07/23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Magistrates Court (Work Health and Safety Infringement Notices) Amendment Regulation 2023 (No 1) SL2023-2 notified LR 9 February 2023 s 1, s 2 commenced 9 February 2023 (LA s 75 (1)) sch 1 commenced 1 July 2023 (s 2 (2) and see Work Health and Safety Amendment Regulation 2022 (No 1) SL2022-12 s 2 (3)) remainder commenced 20 March 2023 (s 2 (1))

Endnotes Amendment history 4 R8 01/07/23 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Commencement s 2 om LA s 89 (4) Authorised people for infringement notice offences s 12 am A2015-15 amdt 3.145, amdt 3.146 Work Health and Safety Act 2011 sch 1 pt 1.1 am SL2013-12 s 4; items renum R2 LA; SL2023-2 s 4, s 5; items renum R7 LA Work Health and Safety Regulation 2011 sch 1 pt 1.2 am SL2013-12 ss 5-9; items renum R2 LA; SL2015-7 s 4; SL2015-16 s 4; SL2018-7 ss 4-6; items renum R6 LA; SL2023-2 ss 6-18; items renum R7 LA; SL2023-2 sch 1; items renum R8 LA

Endnotes 5 Earlier republications page 38 Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 Effective: 01/07/23 R8 01/07/23 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 1 Jan 2012 1 Jan 2012– 30 June 2013 not amended new regulation R2 1 July 2013 1 July 2013– 26 Feb 2015 SL2013-12 amendments by SL2013-12 R3 27 Feb 2015 27 Feb 2015– 6 May 2015 SL2015-7 amendments by SL2015-7 R4 7 May 2015 7 May 2015– 9 June 2015 SL2015-16 amendments by SL2015-16 R5 10 June 2015 10 June 2015– 10 May 2018 A2015-15 amendments by A2015-15 R6 11 May 2018 11 May 2018– 19 Mar 2023 SL2018-7 amendments by SL2018-7 R7 20 Mar 2023 20 Mar 2023– 30 June 2023 SL2023-2 amendments by SL2023-2 © Australian Capital Territory 2023

The regulation’s central organising concepts are infringement notices, the administering authority, authorised person identification, and an enumerated schedule linking statutory offences to infringement penalties.

Infringement notice as alternative to prosecution. The regulation is enacted under the Magistrates Court Act 1930, part 3.8. Its stated purpose is to provide for infringement notices under that part for “certain offences against the work health and safety legislation” (s 5). The instrument includes an explanatory note that the Magistrates Court Act pt 3.8 “provides a system of infringement notices for offences against various Acts” and that the system “is intended to provide an alternative to prosecution” (s 5, Note 1). That note signals the regulatory design: an administrative enforcement route for specific contraventions rather than commencing criminal or quasi‑criminal proceedings in court.

Administering authority. Section 6 names the administering authority for these infringement‑notice offences as “the regulator under the Work Health and Safety Act 2011.” The regulation therefore vests oversight of the infringement‑notice device, including issuing and recording notices and collecting infringement penalties, with the WHS regulator.

Enumerated offences and fixed infringement penalties. Schedule 1 is the operational core. It lists offences drawn from both the WHS Act 2011 (Part 1.1 of the schedule) and the WHS Regulation 2011 (Part 1.2 of the schedule), and for each offence it lists the full offence penalty in column 3 and a separate infringement penalty in column 4. The schedule splits entries into two rows in most items: one for an individual and one for a body corporate, with higher amounts for bodies corporate. This produces a catalogue of offences that may be resolved by payment of a specified dollar amount, without court proceedings.

Authorised persons and identification. The regulation sets minimum content for infringement and reminder notices identifying the authorised person who served the notice: either full name, or surname and initials, or a unique number given by the administering authority (ss 9 and 11). This creates an administrative trace linking notices to particular authorised officers while allowing an anonymised unique‑number option for identification.

Company particulars. If the recipient is a company registered under the Corporations Act, an infringement notice must include the company’s ACN (s 10(1)). The regulation explicitly records that this is an additional requirement over the general Magistrates Court Act s 121(1)(c) content requirement.

Authorisation to serve notices. Section 12 provides that an inspector may serve both infringement notices and reminder notices for the WHS infringement offences listed in the schedule. The dictionary cross‑references the WHS Act for the definition of inspector, so the class of persons entitled to serve notices is tied to the WHS Act’s administrative architecture.

Reminders and administrative charges. The regulation fixes the cost of serving a reminder notice at $34 (s 8(2)). Reminders therefore carry a legislated administrative fee distinct from the infringement penalty itself.

Dictionary and scope. The dictionary (s 3 and end dictionary) makes clear that “work health and safety legislation” means both the WHS Act 2011 and the WHS Regulation 2011. It also points to the WHS Act dictionary for the meaning of inspector. The regulation’s notes and dictionary are labelled explanatory and not operative (s 4), but they supply the interpretive scaffolding that ties the regulation into the WHS statutory regime.

Taken together, these concepts create a defined administrative pathway in which inspectors acting for the WHS regulator can issue fixed‑sum penalties for a specified list of WHS contraventions, with prescribed minimum content requirements and a small fee for reminders.

The regulation affects multiple actors and institutional roles: regulated persons (individuals and bodies corporate who may commit the listed WHS offences), inspectors, the WHS regulator as administering authority, and, to a limited extent, public authorities and their successors.

Persons liable for WHS offences. The primary economic subjects are individuals and corporations exposed to WHS obligations under the WHS Act and WHS Regulation. Schedule 1 lists the specific statutory provisions that may be dealt with by infringement notice. For each listed provision, schedule 1 sets two monetary figures: the statutory offence penalty (column 3) and the infringement penalty (column 4). Individuals and bodies corporate are affected differently, with bodies corporate generally facing higher infringement penalties (schedule 1, column 4 entries distinguishing “for an individual” and “for a body corporate”). Businesses operating in the ACT should review schedule 1 to identify which of their activities are mapped to infringement penalties and the dollar amounts that would apply if an inspector issued a notice.

Inspectors. Section 12 explicitly permits an inspector to serve an infringement notice and a reminder notice for the listed offences. The dictionary defers to the WHS Act for the definition of inspector. Therefore inspectors under the WHS Act are the front‑line decision makers who decide whether to serve an infringement notice, to serve a reminder notice, and who are required to identify themselves on the notice (ss 9, 11, 12).

The administering authority / regulator. Section 6 designates the WHS regulator as the administering authority for the infringement notices. That places process, record‑keeping and collection responsibilities with the regulator. The regulation therefore affects the regulator’s operational workload: issuing, sending, recording and potentially litigating contested notices, and maintaining unique numbers for authorised persons if that identification method is used (ss 6, 9(b), 11(b)).

Companies and company officers. Where the recipient is a company registered under the Corporations Act, the notice must include the company’s ACN (s 10(1)). This places a documentation requirement on the regulator and ensures the company’s corporate identity is captured on the face of the notice.

Public authorities and successors. The regulation’s explanatory note (s 5, Note 3) records that an infringement notice served on a public authority is taken to be served on its successor if the successor is a public authority, and that penalties paid by a public authority are taken to be paid by its successor; that statement references Magistrates Court Act s 253. The note is explanatory rather than operative (s 4), but it signals an intended treatment of public authorities within the infringement scheme: public entities may be recipients and the instrument contemplates continuity where administrative structures change.

Legal advisers, compliance teams and accountants. Those responsible for regulatory compliance will be affected because the regulation defines the administrative route, the fixed dollar amounts, and minimum notice contents. Compliance functions will need to map the schedule to operational activities (for example, to assess exposure to the listed provisions), ensure corporate details (such as ACNs) are readily available to identify in any notice, and build response procedures for receipt, payment or contesting of an infringement or a reminder.

Courts and prosecutors. By creating an alternative to prosecution for the listed offences, the regulation affects court and prosecutorial practice: some matters that might otherwise have proceeded to the Magistrates Court can be resolved administratively if an infringement notice is issued and accepted (s 5, Note 1).

Third parties and private litigants. The regulation does not create private enforcement rights; it operationalises administrative enforcement by the regulator and inspectors. However, recipients who accept and pay an infringement cannot simultaneously be prosecuted for the same offence under the Magistrates Court Act scheme; the explanatory framework suggests the payment option is an alternative route (s 5, Note 1).

In short, this instrument reallocates some enforcement activity for a broad range of WHS provisions away from the traditional prosecutorial pathway and into an administrative, inspector‑driven infringement‑notice stream, affecting regulated businesses and individuals, inspectors, and the administering regulator. The precise boundary of affected conduct is the set of provisions listed in schedule 1.

The regulation creates administrative duties on inspectors and procedural content rights for recipients of infringement and reminder notices. It also imposes documentation requirements and designates administrative responsibility to the WHS regulator.

Duties of the administering authority (regulator). Section 6 names the regulator under the WHS Act as the administering authority for the infringement notice offences. That imposes an administrative duty on the regulator to operate the infringement‑notice process for the offences set out in schedule 1: to issue notices, to maintain records, to control any unique‑number identification system for authorised persons (ss 6, 9(b), 11(b)), and to collect infringement penalties. The regulation does not specify the regulator’s internal processes, but it assigns the statutory role.

Duties of inspectors. Section 12 authorises inspectors to serve infringement notices and reminder notices for the listed offences. The regulation therefore imposes a duty on inspectors, when serving those notices, to include particular identity information for the authorised person (ss 9 and 11). Inspectors must identify themselves either by full name, or surname and initials, or by a unique number given by the administering authority (ss 9(a)-(b); 11(a)-(b)). The dictionary cross‑reference ties the term inspector to the WHS Act dictionary, so the duties attach to that statutory office.

Duties regarding company identification. Section 10(1) requires that an infringement notice served on a company must include the company’s ACN. The regulation notes this is an additional requirement beyond Magistrates Court Act s 121(1)(c). That creates a documentary duty when the recipient is a company: the ACN must appear on the face of the notice.

Reminder service cost. Section 8(2) fixes the cost of serving a reminder notice at $34. That is a statutory administrative charge in addition to the infringement penalty itself, and it creates a small monetary consequence for recipients who do not respond to the initial infringement notice. The procedural mechanics of when and how reminders are served are governed by the Magistrates Court Act part 3.8, but this regulation fixes a specific administrative fee for reminders tied to WHS infringement notices.

Recipients’ rights. Recipients of infringement notices will have the procedural rights conferred by the Magistrates Court Act 1930 part 3.8. The regulation does not restate those rights, but by bringing specified WHS offences within part 3.8 (s 7) it imports the Magistrates Court Act framework, which includes choices such as paying the infringement penalty or electing to have the matter dealt with in court (the regulation’s explanatory note refers to the system being “an alternative to prosecution” (s 5, Note 1)). The regulation also specifies minimum content requirements for notices (ss 9-11), which are a recipient protection because they identify the authorised person and, in the case of companies, the ACN.

Duty to identify authorised person. Failure to include the authorised person’s identity in one of the prescribed forms could affect the validity or enforceability of a notice. Sections 9 and 11 prescribe the identification options available, but they do not set out consequences for non‑compliance in this instrument; those consequences would be determined by the Magistrates Court Act or judicial interpretation.

Distinction between statutory penalties and fixed infringement penalties. Schedule 1 shows the statutory maximum penalties for each listed offence (column 3) and the corresponding infringement penalty to be payable under an infringement notice (column 4). The schedule therefore sets a reduced, fixed monetary consequence as the administrative alternative to prosecution for certain offences, and treats individuals and bodies corporate differently.

Notes and non‑operative commentary. Several explanatory notes describe the regulatory intent and cross‑reference related provisions in the Magistrates Court Act (s 5, Notes 1-3). Section 4 clarifies that notes are not part of the regulation, so while they explain purpose and intended operation, they are not themselves legally operative.

In summary, the regulation creates duties on the WHS regulator and on inspectors to operate the administrative penalty system for listed WHS offences, requires particular identification and company information to appear on notices, fixes a reminder service cost, and imports the Magistrates Court Act infringement‑notice procedural framework which grants recipients the usual choices available under that part of the Act.

The regulation prescribes two enforcement mechanics: the fixed infringement penalty for each listed offence and a separate, legislated charge for serving reminder notices. Enforcement is principally administrative, exercised by inspectors under the WHS Act on behalf of the WHS regulator.

Fixed infringement penalties. Schedule 1 is the operative schedule for penalties. For each offence provision listed (column 2), schedule 1 sets the full statutory offence penalty (column 3) and an infringement penalty in fixed dollars (column 4). The infringement penalty applies if an infringement notice is issued and the recipient elects to pay the administrative penalty rather than contest the matter in court. Schedule 1 distinguishes amounts for individuals and for bodies corporate. For example, item 3 (WHS Act s 43(1)) lists an offence penalty of $20,000 for an individual and $100,000 for a body corporate (column 3), with corresponding infringement penalties of $4,000 (individual) and $20,000 (body corporate) (column 4). The pattern throughout the schedule is lower infringement penalties as a proportion of the maximum statutory penalty, reflecting the typical design of administrative penalty schemes.

Reminder notice cost. Section 8(2) fixes the cost of serving a reminder notice at $34. The reminder cost is additional to the infringement penalty itself and is an administratively set fee intended to cover the cost of following up unpaid infringement notices.

Who enforces: inspectors and the regulator. Section 12 makes inspectors the class of authorised persons who may serve infringement notices and reminder notices for the listed WHS offences. The administering authority is the WHS regulator (s 6). Practically, inspectors decide whether to issue a notice and are responsible for the physical or electronic service of the notice; the regulator administers collection and record‑keeping. Section 9 and section 11 require the notice or reminder to identify the authorised person by name or unique number, which facilitates traceability and accountability in enforcement.

Interaction with Magistrates Court Act. The regulation explicitly applies the Magistrates Court Act 1930 part 3.8 to the offences listed in schedule 1 (s 7). Enforcement by infringement notice therefore sits within the Magistrates Court Act’s infringement‑notice regime: procedures for issuing, serving, payment, reminders, and the consequences of payment or contest are governed primarily by that Act. The regulation supplements those general rules with content and identity requirements specific to WHS notices (ss 9-11).

Company ACN requirement. An infringement notice served on a company must include the company’s ACN (s 10(1)). That detail aids identification and enforcement against corporate entities and is expressly additional to the general Magistrates Court Act requirements (s 10 note).

Penalty unit reference. The republication material at the front of the instrument records the penalty unit value at the republication date (as a legislative context note): $160 for an individual and $810 for a corporation (Legislation Act 2001, s 133). That note applies to offences against the regulation itself at the republication date, but schedule 1 lists monetary amounts in fixed dollars for the statutory penalty and the infringement penalty. Practitioners should note the schedule’s dollar figures are the operative amounts to be charged by infringement‑notice process for the listed offences.

Enforcement outcome. Payment of the infringement penalty is the administrative resolution of an infringement notice in the Magistrates Court Act framework; it avoids prosecution for the listed offence when the recipient elects that route. The regulation provides the mechanics and the amounts but does not itself establish the procedural consequences of payment or contest beyond importing the Magistrates Court Act regime.

In short, enforcement under this regulation is an inspector‑initiated administrative process administered by the WHS regulator, offering recipients a fixed dollar penalty option for specified WHS breaches and a $34 fixed cost for reminder notices. The detailed consequences of payment, contest and any subsequent legal exposure remain governed by the Magistrates Court Act part 3.8 to which the regulation delegates.

This regulation operates as a subordinate instrument under the Magistrates Court Act 1930 and connects tightly to the Work Health and Safety Act 2011 and Work Health and Safety Regulation 2011 (collectively “work health and safety legislation” for this instrument). The regulation also references the Legislation Act 2001 and the Corporations Act for definition and interpretive purposes.

Primary statutory linkage. The regulation is made under the Magistrates Court Act 1930. Section 7 expressly applies part 3.8 of that Act to the WHS offence provisions listed in schedule 1. Therefore the procedural architecture (how notices are issued, served, paid, or contested) is governed by the Magistrates Court Act part 3.8, with this regulation adding WHS‑specific content and fee rules (ss 7, 8-12).

Cross‑reference to WHS Act definitions and regulatory roles. The administering authority for the listed infringement notice offences is “the regulator under the Work Health and Safety Act 2011” (s 6). The regulation’s dictionary refers the term inspector to the Work Health and Safety Act 2011 dictionary (dictionary). Consequently, whether a person qualifies as an inspector and what powers or qualifications follow are determined by the WHS Act. The class of offences included in schedule 1 are drawn directly from the WHS Act 2011 and the WHS Regulation 2011; hence any change to those provisions at the primary statute or regulation level may affect which contraventions are available for infringement notices.

Corporations Act nexus for company identification. Section 10(2) defines “company” for the ACN requirement as a company registered under the Corporations Act. The requirement that an infringement notice served on a company must include the company’s ACN therefore imports identification standards from the Corporations Act domain into the infringement‑notice process (s 10(1)-(2)).

Penalty units and the Legislation Act. The republication material records penalty unit values set out in the Legislation Act 2001 (reference at top of republished law). That provides legislative context for penalty unit valuation, which is relevant when interpreting penalties expressed in penalty units in parent statutes. The schedule here, however, lists fixed dollar figures for infringement penalties and offence penalties (schedule 1), so the regulation operates using dollar figures rather than in penalty units for the offences specified.

Magistrates Court Act content requirements. Section 10 contains a note that the ACN requirement is additional to the Magistrates Court Act s 121(1)(c) requirement. This signals that the Magistrates Court Act imposes baseline content requirements for infringement notices and that this regulation supplements that baseline with an extra requirement for company notices.

Successor public authorities. The regulation’s explanatory note references the Magistrates Court Act s 253 treatment of infringement notices served on public authorities and their successors (s 5, Note 3). While the note is not itself operative (s 4), it shows the drafters intended coherence with the Magistrates Court Act rules about public authorities and succession.

Non‑operative nature of notes. Section 4 makes explicit that notes in the regulation are explanatory and not part of the regulation, so references in notes to provisions of the Magistrates Court Act or other statutes are interpretive aids rather than operative text. Practitioners must therefore look to the Magistrates Court Act and the WHS Act/Regulation for operational detail beyond what this instrument prescribes.

Amendments and consequential changes. The legislation and amendment history records multiple amending instruments over time (SL2013‑12, SL2015‑7, SL2015‑16, A2015‑15, SL2018‑7, SL2023‑2). Several amendments renumbered items and made other technical changes (see amendment history). Because schedule 1 imports offences from the WHS Act and WHS Regulation by reference to specific provisions, amendments to those primary instruments could require corresponding adjustments to this regulation to maintain alignment. The legislation history shows some items were renumbered in later instruments; consequential interaction must be checked in practice.

In practice, therefore, this regulation is tightly integrated with three legal domains: the Magistrates Court Act part 3.8 (procedural and enforcement rules), the WHS Act/WHS Regulation (substantive offences and the definition of inspector/regulator), and the Corporations Act (company identification). Courts and agencies interpreting or applying this regulation will need to consult all those instruments to determine process, identities, and rights.

The regulation has undergone successive amendments since its original making in 2011. The republished instrument records dates of initial notification, commencement of provisions, and subsequent amending instruments that altered schedule entries, authorisations, and technical provisions.

Initial making and commencement. The Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011 (SL2011‑38) was notified on the legislation register on 22 December 2011. Sections 1 and 2 commenced on 22 December 2011 and the remainder of the regulation commenced on 1 January 2012 (legislation history).

Amendments 2013 and 2015. The instrument was amended by the Magistrates Court (Work Health and Safety Infringement Notices) Amendment Regulation 2013 (No 1) (SL2013‑12), notified 13 June 2013, with remainder commencing 1 July 2013 (legislation history). Further amendments followed in 2015: SL2015‑7 (notified 26 February 2015, remainder commenced 27 February 2015) and SL2015‑16 (notified 6 May 2015, remainder commenced 7 May 2015). Additionally, the Statute Law Amendment Act 2015 (A2015‑15) made amendments and inserted technical changes (sch 3 pt 3.44), commencing in part on 10 June 2015. The amendment history records that s 12 (authorised people for infringement notice offences) was amended by A2015‑15 (amendment items 3.145 and 3.146).

Amendment 2018. Another amending instrument, SL2018‑7, was notified on 10 May 2018 and commenced remainder 11 May 2018. The 2018 instrument amended the schedule entries for the WHS Regulation part mapping (legislative history notes changes in schedule item renumbering).

Amendment 2023. Most recently, the Magistrates Court (Work Health and Safety Infringement Notices) Amendment Regulation 2023 (No 1) (SL2023‑2) was notified on 9 February 2023. Sections 1 and 2 of that amending regulation commenced on 9 February 2023; the schedule 1 amendments commenced on 1 July 2023 (in conjunction with the Work Health and Safety Amendment Regulation 2022 (No 1) commencement arrangements) and the remainder commenced 20 March 2023. The legislation history records that several items in schedule 1 were renumbered by SL2023‑2 and that a series of schedule renumberings occurred across the 2013-2023 amendments (see amendment history).

Editorial republication adjustments. The Parliamentary Counsel’s Office has republished the law multiple times (republication numbers R1-R8) and made editorial amendments authorised under the Legislation Act 2001, part 11.3. Those editorial changes are recorded as not changing the legal effect of the law but having effect as if made on the republication date (see the republication foreword and endnotes).

Practical consequence of the amendment record. The amendment history shows this regulation has been kept up to date with changes in the WHS primary instruments and with technical adjustments to identifiers and schedule numbering. Practitioners must therefore confirm they are using the current republished version and note commencement dates for particular amended schedule items (for example, the SL2023‑2 schedule changes that took effect 1 July 2023). The endnotes set out which amendments changed which parts of the schedule (amendment history), so a careful cross‑check against the current WHS Act and WHS Regulation is necessary when advising clients on specific offence exposure.

The regulation’s endnotes list earlier republications and provide a table of when each republication was effective and which amendments were captured in that republication. This tracking assists practitioners in historical compliance reviews or in determining what penalty figures applied at particular points in time.

The republished regulation itself does not record any cases, judicial decisions or litigation history. The instrument’s text, dictionary and endnotes contain legislative history and amendment records but do not include judicial determinations interpreting this regulation. The text contains no references to reported decisions, and no case names are cited anywhere in the instrument.

Because the enforcement consequences and procedural mechanics for infringement notices are governed by the Magistrates Court Act 1930 part 3.8, relevant litigation on procedural points (for example, validity of service, identification of authorised persons, or consequences of paying an infringement) is likely to be found in case law interpreting the Magistrates Court Act and in decisions that address the operation of infringement notice regimes generally. However, the regulation itself does not reproduce or summarise any such decisions.

Likewise, statutory interpretation issues about the meaning of “inspector” or the scope of particular WHS offences will depend on judicial interpretation of the WHS Act and the WHS Regulation. The dictionary in this regulation refers the definition of inspector to the WHS Act dictionary, but any litigation clarifying who qualifies as an inspector or what actions fall within the prohibited conduct listed in schedule 1 would appear in judicial decisions under the WHS Act or the WHS Regulation.

Practitioners seeking litigation history: to identify judicial treatment of the WHS infringement‑notice regime, or of the specific content requirements in this instrument (for example, adequacy of notice identification under ss 9 and 11 or the obligation to include an ACN under s 10), one must search case law that interprets the Magistrates Court Act part 3.8 and the WHS Act/Regulation provisions. This republished regulation does not provide that case law or list any judicial authorities, and no litigation history is included in the instrument’s endnotes.

Therefore, the regulation as republished contains legislative and amendment history but no litigation history. Any litigation analysis must be undertaken by consulting court databases and decisions interpreting the Magistrates Court Act infringement notice regime and the WHS statutory provisions listed in schedule 1.

Several practical traps, drafting subtleties and operational frictions arise from the regulation’s text. These are concrete mechanics that can catch clients or officials if overlooked.

Dollar amounts fixed in schedule 1. Schedule 1 lists offence penalties and infringement penalties in fixed dollar amounts rather than in penalty units. The republication header records penalty unit values for the regulation’s offences at the republication date (Legislation Act 2001, s 133 reference), but the schedule is expressed in dollars. Practitioners should not assume the penalty unit reference replaces the schedule figures: the schedule figures are the operative monetary amounts for the listed offences and infringement penalties (s 8(1) and schedule 1). When advising historical cases, check which republication was current at the relevant date because schedule entries and numbers have been amended and renumbered over time (legislation history and amendment history).

Differential amounts for individuals v bodies corporate. Schedule 1 systematically sets separate infringement penalties for individuals and for body corporates, often with substantially higher penalties for corporations. Advisers must therefore identify the legal person charged (individual, company, corporate entity) to determine the correct infringement figure.

ACN requirement is additional. Section 10(1) requires that an infringement notice served on a company include the company’s ACN and notes this is additional to Magistrates Court Act s 121(1)(c). That means inspectors and the regulator must include the ACN on the face of any corporate notice; failure to do so could raise procedural challenge risks. Clients should ensure their corporate identity details are current and accessible should they receive an infringement notice.

Identification of authorised person by unique number. Sections 9 and 11 allow an authorised person to be identified by “any unique number given, for this regulation, to the authorised person by the administering authority.” That gives the regulator the option to adopt a unique‑identifier system instead of printing names. For recipients, that creates a potential “gotcha”: a notice that lists only a unique number may be procedurally compliant under the regulation but still leave the recipient uncertain about which inspector took the action. Recipients may need to request identifying particulars from the regulator if the unique number is used. Inspectors and the regulator will need to manage a register of unique numbers to enable such queries.

Scope limited to schedule 1. The regulation applies the Magistrates Court Act part 3.8 only to the offence provisions listed in schedule 1 (s 7). Conduct that contravenes other WHS provisions not listed in schedule 1 cannot be dealt with by the infringement‑notice mechanism authorised here. Advisers must map conduct to the correct statutory provision to determine whether infringement enforcement is available.

Reminders attract a $34 cost. Section 8(2) fixes the cost of serving a reminder notice at $34. That is a discrete administrative charge that will be applied if the primary infringement notice is not dealt with. This is a small amount, but clients should be aware: multiple reminders could increase collection costs and indicate pending enforcement escalation.

Notes are explanatory only. The instrument contains several notes (for example, s 5 Notes 1-3) that explain intended operation, including that an infringement notice may be given to a Territory agency and the treatment of notices served on public authority successors. Section 4 clarifies notes are not part of the regulation. Practitioners must not treat explanatory notes as operative law; instead, they must consult the primary statutes (in particular the Magistrates Court Act) for operative rules.

Shifts by amendment and renumbering. The legislation history and amendment history show the schedule has been amended and items renumbered across multiple instruments (SL2013‑12, SL2015‑7, SL2015‑16, SL2018‑7, SL2023‑2). This creates a practical risk when advising on historical conduct: the provision number cited in an infringement notice may differ from the provision’s numbering at an earlier point in time. Always check the version and commencement dates recorded in the endnotes to ensure correct matching.

No explicit exclusivity for inspectors. Section 12 states “An inspector may serve the following: (a) an infringement notice; (b) a reminder notice.” The provision authorises inspectors to serve those notices but does not expressly state that only inspectors may do so. In practice, the Magistrates Court Act may have its own definition of “authorised person” or may allow other classes to be authorised. Practitioners should therefore verify whether other classes of authorised persons exist under the Magistrates Court Act in addition to inspectors before assuming exclusivity.

Procedural consequences governed by Magistrates Court Act. The regulation imports the Magistrates Court Act part 3.8 (s 7) but does not restate procedural rules such as time for payment, options to elect to have the matter heard, or the consequences of non‑payment beyond the reminder fee. Advisers must consult the Magistrates Court Act for procedural steps and deadlines.

In short, the principal practical traps are failure to check the operative schedule at the relevant date; missing the ACN requirement for company notices; overlooking the unique‑number identification system; and assuming the regulation is exhaustive of the procedural rules when the Magistrates Court Act supplies much of the operative procedure.

Compliance requires distinct steps for the administering authority/inspectors and for recipients (individuals and companies). The regulation sets documentary obligations, identification requirements, and fee expectations.

For inspectors and the administering authority (WHS regulator)

Ensure authority and training: Inspectors authorised under the WHS Act must be aware that section 12 expressly permits them to serve infringement notices and reminder notices for the offences listed in schedule 1. The regulator should train inspectors on the content requirements in ss 9-11 and the regulator’s administrative processes for issuing, recording and following up notices (ss 6, 9-12).
Identity particulars: When issuing an infringement notice or a reminder notice, include the authorised person’s identification in one of the prescribed formats: the authorised person’s full name, or surname and initials, or a unique number assigned by the administering authority (ss 9(a)-(b), 11(a)-(b)). If using unique numbers, maintain a secure register linking numbers to named officers to enable responses to recipient queries.
Company ACN requirement: For any infringement notice served on a company registered under the Corporations Act, include the company’s ACN on the notice (s 10(1)-(2)). This is an additional content requirement beyond what the Magistrates Court Act requires; missing the ACN may expose the notice to challenge.
Apply correct infringement penalty: Use the infringement penalty amounts in schedule 1, column 4, matched to the particular statutory provision alleged to have been contravened and the recipient’s legal status (individual v body corporate). Double‑check the current republished schedule and any recent amendments and their commencement dates to ensure the correct dollar amount is used.
Reminder notices and fees: If a reminder is required under the Magistrates Court Act procedures, the cost of serving the reminder is $34 (s 8(2)). Ensure billing and accounting systems capture this amount separately from the infringement penalty.
Record keeping: Maintain contemporaneous records of all infringement notices and reminders served, including the authorised person identifier used on the notice. This will be necessary for collection, audits, and responses to challenges.
Version control: Because schedule entries have been amended and renumbered over time, the regulator must use the correct edition and ensure notices cite the current statutory provision number in force at the time of the alleged contravention.

For recipients (individuals, companies, compliance teams)

Identify whether the alleged contravention is one of the listed schedule 1 provisions. Map the activity to the exact provision number listed in schedule 1 to determine whether the infringement‑notice process applies (s 7 and schedule 1).
Confirm identity details on the notice. Verify the authorised person is identified in one of the permitted ways (full name, or surname and initials, or the unique number assigned by the administering authority) as required by s 9 (infringement notices) and s 11 (reminder notices). For companies, confirm the ACN appears on the face of the notice (s 10(1)). If required details are absent, consider seeking clarification from the regulator or legal advice about the effect of the omission.
Assess whether to pay or contest under the Magistrates Court Act procedures. The regulation imports the Magistrates Court Act pt 3.8 (s 7), which provides the procedural framework for payment, contest, and consequences. Recipients should consult the Magistrates Court Act and obtain legal advice to decide whether to pay the infringement penalty or elect court proceedings.
Be alert to reminder fees. If the initial notice is not acted upon, a reminder may be issued with an additional $34 cost (s 8(2)). Responding promptly to an initial notice will avoid the reminder fee.
For companies, ensure corporate records (ACN) are known and accessible so receipt and verification of notices is straightforward. If receiving a notice with only a unique number identifying the authorised person, request the corresponding identity details from the regulator for records and any defence.
Keep records of payment or correspondence. If paying an infringement penalty, retain proof of payment and any related correspondence. If contesting, follow the election and court appearance steps in the Magistrates Court Act.
Check applicable version at the time of the alleged contravention. The schedule has been amended across multiple instruments; confirm that the schedule entry and penalty amount in force on the contravention date are the ones cited in any notice. The endnotes record amendment and commencement dates.

For advisers and compliance teams

Review schedule 1 against client activities to identify exposure to listed provisions and quantify potential infringement penalties in advance.
Incorporate the $34 reminder fee into dispute escalation planning and worst‑case cost modelling.
Where the regulator uses unique numbers for authorised persons, prepare a standard enquiry template to request identifying particulars promptly and systematically, to avoid delay in assessing and responding to notices.
Maintain awareness of amendments and republished versions so advice reflects the current schedule amounts and provision numbering (see the republished law’s endnotes and amendment history).

By following these steps inspectors and recipients can meet the explicit documentary and monetary requirements set by this regulation and align their internal processes with the Magistrates Court Act part 3.8 procedural framework imported by the regulation.

Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011

Plain English Summary

Deep Dive

What it does

Current sections

Magistrates Court (Work Health and Safety Infringement Notices) Regulation 2011

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply