Australian Capital Territory Consolidated Acts

MAGISTRATES COURT ACT 1930 - SECT 119

    (1)     A regulation may prescribe an offence for the definition of "infringement notice offence" in section 117 by—

        (a)     stating the offence; or

        (b)     referring to the provision creating the offence; or

        (c)     providing that all offences, or all offences except for stated offences, against an Act or subordinate law are infringement notice offences.

    (2)     Subsection (1) does not limit the way that a regulation may prescribe an offence for that definition.

    (3)     A regulation may, for the definition of infringement notice penalty in section 117, prescribe—

        (a)     an amount as the penalty payable by anyone for an offence if it is dealt with under this part; or

        (b)     different amounts as the penalties payable for different offences if they are dealt with under this part; or

        (c)     different amounts as the penalties payable for the same kind of offence committed by different people or in different circumstances if the offence is dealt with under this part.

    (4)     However, an infringement notice penalty prescribed for a person for an offence must not exceed the maximum fine that could be imposed by a court on the person for the offence.

    (5)     Subsection (3) does not limit the way that a regulation may prescribe an amount for that definition.