MAGISTRATES COURT (HAWKERS INFRINGEMENT NOTICES) REGULATION 2003 - made under the Magistrates Court Act 1930 - TABLE OF PROVISIONS 1. Name of regulation 3. Purpose of regulation 4. Notes 5. Meaning of Hawkers Act 6. Administering authority 7. Infringement notice offences 8. Infringement notice penalties 9. Contents of infringement notices--other information 10. Contents of infringement notices--identifying authorised person 11. Contents of reminder notices--identifying authorised person 12. Authorised people for infringement notice offences SCHEDULE 1 ENDNOTES MAGISTRATES COURT (HAWKERS INFRINGEMENT NOTICES) REGULATION 2003 - REG 1 Name of regulation This regulation is the Magistrates Court (Hawkers Infringement Notices) Regulation 2003. MAGISTRATES COURT (HAWKERS INFRINGEMENT NOTICES) REGULATION 2003 - REG 3 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 Hawkers Act. 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. MAGISTRATES COURT (HAWKERS INFRINGEMENT NOTICES) REGULATION 2003 - REG 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. MAGISTRATES COURT (HAWKERS INFRINGEMENT NOTICES) REGULATION 2003 - REG 5 Meaning of Hawkers Act In this regulation: "Hawkers Act" means the Hawkers Act 2003. MAGISTRATES COURT (HAWKERS INFRINGEMENT NOTICES) REGULATION 2003 - REG 6 Administering authority The administering authority for an infringement notice offence against the Hawkers Act is the director-general for that Act. MAGISTRATES COURT (HAWKERS INFRINGEMENT NOTICES) REGULATION 2003 - REG 7 Infringement notice offences The Magistrates Court Act 1930, part 3.8 applies to an offence against a provision of the Hawkers Act mentioned in schedule 1, column 2. MAGISTRATES COURT (HAWKERS INFRINGEMENT NOTICES) REGULATION 2003 - REG 8 Infringement notice penalties (1) The penalty payable by an individual for an offence against the Hawkers Act, 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 Hawkers Act, 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 Hawkers Act is $34. MAGISTRATES COURT (HAWKERS INFRINGEMENT NOTICES) REGULATION 2003 - REG 9 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 Hawkers Act 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. MAGISTRATES COURT (HAWKERS INFRINGEMENT NOTICES) REGULATION 2003 - REG 10 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 Hawkers Act must identify the authorised person by-- (a) for an authorised person who is a police officer--the service number for the police officer; and (b) for an authorised person to whom the Hawkers Act, section 41 (Identity cards) applies-- (i) any unique number given to the person by the administering authority for this regulation; or (ii) the authorised person's full name, or surname and initials. MAGISTRATES COURT (HAWKERS INFRINGEMENT NOTICES) REGULATION 2003 - REG 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 Hawkers Act must identify the authorised person by-- (a) for an authorised person who is a police officer--the service number for the police officer; and (b) for an authorised person to whom the Hawkers Act, section 41 (Identity cards) applies-- (i) any unique number given to the person by the administering authority for this regulation; or (ii) the authorised person's full name, or surname and initials. MAGISTRATES COURT (HAWKERS INFRINGEMENT NOTICES) REGULATION 2003 - REG 12 Authorised people for infringement notice offences Anyone who is an authorised person under the Hawkers Act, section 40 (Authorised people), may serve-- (a) an infringement notice for an infringement notice offence against the Hawkers Act; and (b) a reminder notice for an infringement notice offence against the Hawkers Act. MAGISTRATES COURT (HAWKERS INFRINGEMENT NOTICES) REGULATION 2003 - SCHEDULE 1 Schedule 1 Hawkers Act infringement notice offences and penalties (see s 7 and s 8) column 1 item column 2 offence provision column 3 offence penalty (penalty units) column 4 infringement penalty ($) 1 10 (1) 30 200 2 11 (1) 10 100 3 11 (2) 10 100 4 12 (1) 10 100 5 12 (2) 10 100 6 13 (1) 10 100 7 13 (2) 10 100 8 14 (1) 10 100 9 15 (1) 10 100 10 15 (2) 10 100 11 16 (2) 5 50 12 16 (3) 5 50 13 26 (1) 5 50 14 32 (1) 5 50 15 37 (1) 5 50 16 37 (3) 5 50 17 42 (3) 5 50 MAGISTRATES COURT (HAWKERS INFRINGEMENT NOTICES) REGULATION 2003 - NOTES Endnotes 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 and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. 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 3 Legislation history This regulation was originally the Magistrates Court (Hawkers Infringement Notices) Regulations 2003. It was renamed under the Legislation Act 2001. Magistrates Court (Hawkers Infringement Notices) Regulation 2003 SL2003-37 notified LR 30 October 2003 s 1, s 2 commenced 30 October 2003 (LA s 75 (1)) remainder commenced 31 October 2003 (s 2) as amended by Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.44 notified LR 2 September 2004s 1. s 2 commenced 2 September 2004 (LA s 75 (1)) sch 1 pt 1.44 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.102 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.102 commenced 1 July 2011 (s 2 (1)) 4 Amendment history Name of regulations 1 am R2 LA Commencements 2 om LA s 89 (4) Purpose of regulations 3 am A2004-60 amdt 1.423, amdt 1.424 Administering authoritys 6 am A2011-22 amdt 1.314 Infringement notice offencess 7 am A2004-60 amdt 1.425 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. Except for the footer, electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R131 Oct 2003 31 Oct 2003-31 Oct 2004 not amended new regulation R21 Nov 2004 1 Nov 2004-9 Jan 2005 A2004-60 editorial amendments under Legislation Act R310 Jan 2005 10 Jan 2005-30 June 2011 A2004-60 amendments by A2004-60 (c) Australian Capital Territory 2011 MAGISTRATES COURT (HAWKERS INFRINGEMENT NOTICES) REGULATION 2003 - NOTES Australian Capital Territory SL2003-37 Republication No 4 Effective: 1 July 2011 Republication date: 1 July 2011 Last amendment made by A2011-22Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Magistrates Court (Hawkers Infringement Notices) Regulation 2003 , 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 2011 . It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2011 . 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): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133). Australian Capital Territory Magistrates Court (Hawkers Infringement Notices) Regulation 2003 Endnotes Australian Capital Territory Magistrates Court (Hawkers Infringement Notices) Regulation 2003