MAGISTRATES COURT (FOOD INFRINGEMENT NOTICES) REGULATION 2005 - made under the Magistrates Court Act 1930 - TABLE OF PROVISIONS 1. Name of regulation 3. Purpose of regulation 4. Dictionary 5. Notes 6. Administering authority 7. Infringement notice offences 8. Infringement notice penalties 9. Contents of infringement notices--identifying particulars for person 10. Contents of infringement notices--other information 11. Contents of infringement notices--identifying authorised person 12. Contents of reminder notices--identifying authorised person 13. Costs if liability disputed 14. Authorised people for infringement notice offences SCHEDULE 1 DICTIONARY ENDNOTES MAGISTRATES COURT (FOOD INFRINGEMENT NOTICES) REGULATION 2005 - REG 1 Name of regulation This regulation is the Magistrates Court (Food Infringement Notices) Regulation 2005. MAGISTRATES COURT (FOOD INFRINGEMENT NOTICES) REGULATION 2005 - 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 Food 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 (FOOD INFRINGEMENT NOTICES) REGULATION 2005 - REG 4 Dictionary The dictionary at the end of this regulation is part of this regulation. Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition 'authorised officer--see the Food Act, dictionary.' means that the term 'authorised officer' 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)). MAGISTRATES COURT (FOOD INFRINGEMENT NOTICES) REGULATION 2005 - REG 5 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 (FOOD INFRINGEMENT NOTICES) REGULATION 2005 - REG 6 Administering authority The administering authority for an infringement notice offence against the Food Act is the chief health officer. MAGISTRATES COURT (FOOD INFRINGEMENT NOTICES) REGULATION 2005 - REG 7 Infringement notice offences The Magistrates Court Act 1930, part 3.8 applies to an offence against a provision of the Food Act mentioned in schedule 1, column 2. MAGISTRATES COURT (FOOD INFRINGEMENT NOTICES) REGULATION 2005 - REG 8 Infringement notice penalties (1) The penalty payable by an individual for an offence against the Food 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 Food 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 Food Act is $34. MAGISTRATES COURT (FOOD INFRINGEMENT NOTICES) REGULATION 2005 - REG 9 Contents of infringement notices--identifying particulars for person served An infringement notice served on a person by an authorised person for an infringement notice offence against the Food Act must identify the person served as follows: (a) if the person has given notice under the Food Act, section 90 (1) (Notification of conduct of exempt food businesses)--the name given by the person; (b) if the person is a proprietor of a food business registered under the Food Act, section 92 (3) (Registration of food businesses)-- (i) the name of the proprietor of the food business shown on the certificate of registration; or (ii) the registration number shown on the certificate of registration; (c) if the offence to which the infringement notice relates involves a food transport vehicle--the registration number of the vehicle. MAGISTRATES COURT (FOOD INFRINGEMENT NOTICES) REGULATION 2005 - REG 10 Contents of infringement notices--other information (1) If an infringement notice is served on a person for an offence against the Food Act, section 27 (1), (2), (3) or (4), the notice must mention each provision of the food standards code that the person has contravened. (2) An infringement notice served on a company by an authorised person for an infringement notice offence against the Food 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). (3) In this section: "company" means a company registered under the Corporations Act. MAGISTRATES COURT (FOOD INFRINGEMENT NOTICES) REGULATION 2005 - REG 11 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 Food Act 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. MAGISTRATES COURT (FOOD INFRINGEMENT NOTICES) REGULATION 2005 - REG 12 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 Food Act 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. MAGISTRATES COURT (FOOD INFRINGEMENT NOTICES) REGULATION 2005 - REG 13 Costs if liability disputed The cost of beginning a proceeding is $200. MAGISTRATES COURT (FOOD INFRINGEMENT NOTICES) REGULATION 2005 - REG 14 Authorised people for infringement notice offences An authorised officer may serve-- (a) an infringement notice for an infringement notice offence against the Food Act; and (b) a reminder notice for an infringement notice offence against the Food Act. Note For how documents may be served, see the Legislation Act, pt 19.5. MAGISTRATES COURT (FOOD INFRINGEMENT NOTICES) REGULATION 2005 - SCHEDULE 1 Schedule 1 Food Act infringement notice offences and penalties (see s 7 and s 8) column 1 item column 2 offence provision column 3 offence penalty (penalty units) column 4 infringement penalty ($) 1 22 (1) 500 500 2 22 (2) 500 500 3 23 (1) 400 400 4 23 (2) 400 400 5 24 (1) (a) 500 500 6 24 (1) (b) 500 500 7 24 (2) 500 500 8 24 (3) 500 500 9 25 (1) 500 500 10 27 (1) (a) 500 500 11 27 (1) (b) 500 500 12 27 (1) (c) 500 500 13 27 (2) 500 500 14 27 (3) 500 500 15 27 (4) 500 500 MAGISTRATES COURT (FOOD INFRINGEMENT NOTICES) REGULATION 2005 - NOTES Dictionary Dictionary (see s 4) 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: o chief health officer o corporation o Corporations Act o 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: o administering authority o authorised person o infringement notice o infringement notice offence o reminder notice. "authorised officer"--see the Food Act, dictionary. "certificate of registration", for a food business--see the Food Act, dictionary. "Food Act" means the Food Act 2001. "food business"--see the Food Act, section 10. "food standards code"--see the Food Act, dictionary. "food transport vehicle"--see the Food Act, dictionary. "proprietor", of a food business--see the Food Act, dictionary. MAGISTRATES COURT (FOOD INFRINGEMENT NOTICES) REGULATION 2005 - 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 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 3 Legislation history Magistrates Court (Food Infringement Notices) Regulation 2005 SL2005-30 notified LR 10 November 2005 s 1, s 2 commenced 10 November 2005 (LA s 75 (1)) remainder commenced 12 November 2005 (s 2 and see Statute Law Amendment Act 2005 A2005-20, s 2 (2) and LA s 79) as amended by Justice and Community Safety Legislation Amendment Act 2008 A2008-7 sch 1 pt 1.14 notified LR 16 April 2008 s 1, s 2 commenced 16 April 2008 (LA s 75 (1)) sch 1 pt 1.14 commenced 7 May 2008 (s 2) Food (Nutritional Information) Amendment Act 2011 A2011-32 sch 1 notified LR 5 September 2011 s 1, s 2 commenced 5 September 2011 (LA s 75 (1)) sch 1 commences 1 January 2013 (s 2) Food Amendment Act 2012 A2012-4 sch 2 pt 2.2 notified LR 1 March 2012 s 1, s 2 commenced 1 March 2012 (LA s 75 (1)) sch 2 pt 2.2 commenced 2 March 2012 (s 2 (1)) 4 Amendment history Commencements 2 om LA s 89 (4) Expiry of regulations 15 om A2008-7 amdt 1.64 Food Act infringement notice offences and penaltiessch 1 am A2012-4 amdt 2.2; items renum R3 LA 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 R112 Nov 2005 12 Nov 2005-6 May 2008 not amended new regulation R27 May 2008 7 May 2008-1 Mar 2012 A2008-7 amendments by A2008-7 (c) Australian Capital Territory 2012 MAGISTRATES COURT (FOOD INFRINGEMENT NOTICES) REGULATION 2005 - NOTES Australian Capital Territory SL2005-30 Republication No 3 Effective: 2 March 2012 Republication date: 2 March 2012 Last amendment made by A2012-4Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Magistrates Court (Food Infringement Notices) Regulation 2005 , 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 2 March 2012 . It also includes any commencement, amendment, repeal or expiry affecting this republished law to 2 March 2012 . 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 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 $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133). Australian Capital Territory Magistrates Court (Food Infringement Notices) Regulation 2005 Endnotes8 Australian Capital Territory Magistrates Court (Food Infringement Notices) Regulation 2005