MAGISTRATES COURT (LAKES INFRINGEMENT NOTICES) REGULATION 2004 - made under the Magistrates Court Act 1930 - TABLE OF PROVISIONS 1. Name of regulation 3. Purpose of regulation 4. Notes 5. Administering authority 6. Infringement notice offences 7. Infringement notice penalties 8. Contents of infringement notices--other information 9. Contents of infringement notices--identifying authorised person 10. Contents of reminder notices--identifying authorised person 11. Authorised people for infringement notice offences SCHEDULE 1 ENDNOTES MAGISTRATES COURT (LAKES INFRINGEMENT NOTICES) REGULATION 2004 - REG 1 Name of regulation This regulation is the Magistrates Court (Lakes Infringement Notices) Regulation 2004. MAGISTRATES COURT (LAKES INFRINGEMENT NOTICES) REGULATION 2004 - 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 Lakes Act 1976. 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 (LAKES INFRINGEMENT NOTICES) REGULATION 2004 - REG 4 Notes A note included in this regulation is explanatory and is not part of this regulation. Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. MAGISTRATES COURT (LAKES INFRINGEMENT NOTICES) REGULATION 2004 - REG 5 Administering authority The administering authority for an infringement notice offence against the Lakes Act 1976 is the delegate for lakes. MAGISTRATES COURT (LAKES INFRINGEMENT NOTICES) REGULATION 2004 - REG 6 Infringement notice offences The Magistrates Court Act 1930, part 3.8 applies to an offence against a provision of the Lakes Act 1976 mentioned in schedule 1, column 2. MAGISTRATES COURT (LAKES INFRINGEMENT NOTICES) REGULATION 2004 - REG 7 Infringement notice penalties (1) The penalty payable by an individual for an offence against the Lakes Act 1976, 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 Lakes Act 1976, 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 Lakes Act is $34. MAGISTRATES COURT (LAKES INFRINGEMENT NOTICES) REGULATION 2004 - REG 8 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 Lakes Act 1976 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 (LAKES INFRINGEMENT NOTICES) REGULATION 2004 - REG 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 Lakes Act 1976 must identify the authorised person by-- (a) the authorised person's full name, or surname and initials; or (b) any unique number given to the authorised person by the administering authority for this regulation. MAGISTRATES COURT (LAKES INFRINGEMENT NOTICES) REGULATION 2004 - REG 10 Contents of reminder notices--identifying authorised person A reminder notice served on a person by an authorised person for an infringement notice offence against the Lakes Act 1976 must identify the authorised person by-- (a) the authorised person's full name, or surname and initials; or (b) any unique number given to the authorised person by the administering authority for this regulation. MAGISTRATES COURT (LAKES INFRINGEMENT NOTICES) REGULATION 2004 - REG 11 Authorised people for infringement notice offences An inspector under the Lakes Act 1976, section 7 may serve-- (a) an infringement notice for an infringement notice offence against the Lakes Act 1976; and (b) a reminder notice for an infringement notice offence against the Lakes Act 1976. MAGISTRATES COURT (LAKES INFRINGEMENT NOTICES) REGULATION 2004 - SCHEDULE 1 Schedule 1 Lakes Act 1976 infringement notice offences and penalties (see s 6 and s 7) column 1 item column 2offence provision column 3offence penalty (penalty units) column 4infringement penalty ($) 1 16 (1) (a) 30 330 2 16 (1) (b) 30 330 3 16 (1) (c) 30 330 4 16 (1) (d) 30 330 5 16 (1) (e) 30 330 6 17 (1) (c) 5 55 7 18 (1) 5 55 8 19 (2) 5 55 9 19 (3) 5 55 10 19 (4) 5 55 11 20 (2) 5 55 12 21 (5) 50 550 13 22 (3) 50 550 14 25 (3) 50 550 15 27 (1) 50 550 16 27 (2) 10 110 17 34 (1) 30 330 18 37 (1) 10 110 MAGISTRATES COURT (LAKES INFRINGEMENT NOTICES) REGULATION 2004 - 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 am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly pt = part div = division r = rule/subrule exp = expires/expired renum = renumbered Gaz = gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired 3 Legislation history This regulation was originally the Magistrates Court (Lakes Infringement Notices) Regulations 2004. It was renamed under the Legislation Act 2001. Magistrates Court (Lakes Infringement Notices) Regulation 2004 SL2004-4 notified LR 22 January 2004 s 1, s 2 commenced 22 January 2004 (LA s 75 (1)) remainder commenced 23 January 2004 (s 2) as amended by Court Procedures (Consequential Amendments) Act 2004A2004-60 sch 1 pt 1.45 notified LR 2 September 2004s 1, s 2 commenced 2 September 2004 (LA s 75 (1)) sch 1 pt 1.45 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29) Magistrates Court (Lakes Infringement Notices) Amendment Regulation 2010 (No 1) SL2010-30 notified LR 26 July 2010s 1, s 2 commenced 26 July 2010 (LA s 75 (1)) remainder commenced 27 July 2010 (s 2) 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 1.426, amdt 1.427 Infringement notice offencess 6 am A2004-60 amdt 1.428 Lakes Act 1976 infringement notice offences and penaltiessch 1 table sub SL2010-30 s 4 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 R123 Jan 2004 23 Jan 2004-31 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 2005-26 July 2010 A2004-60 amendments by A2004-60 (c) Australian Capital Territory 2010 MAGISTRATES COURT (LAKES INFRINGEMENT NOTICES) REGULATION 2004 - NOTES Australian Capital Territory SL2004-4 Republication No 4 Effective: 27 July 2010 Republication date: 27 July 2010 Last amendment made by SL2010-30Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Magistrates Court (Lakes Infringement Notices) Regulation 2004 , 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 27 July 2010 . It also includes any commencement, amendment, repeal or expiry affecting the republished law to 27 July 2010 . 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 or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote. 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 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 (Lakes Infringement Notices) Regulation 2004 Endnotes Australian Capital Territory Magistrates Court (Lakes Infringement Notices) Regulation 2004