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MAGISTRATES COURT (FOOD INFRINGEMENT NOTICES) REGULATION 2005 - NOTES

- made under the Magistrates Court Act 1930

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:

              •     chief health officer

              •     corporation

              •     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.

"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.

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om = omitted/repealed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

Commencement
s 2     om LA s 89 (4)

Expiry of regulation
s 15     om A2008-7 amdt 1.64

Food Act infringement notice offences and penalties
sch 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

R1
12 Nov 2005

12 Nov 2005–
6 May 2008

not amended

new regulation

R2
7 May 2008

7 May 2008–
1 Mar 2012

A2008-7

amendments by A2008-7







© Australian Capital Territory 2012

ACT
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Australian Capital Territory

SL2005-30

Republication No 3

Effective: 2 March 2012

Republication date: 2 March 2012

Last amendment made by A2012-4




Unauthorised 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):

              • 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 $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

ACT
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Australian Capital Territory

Magistrates Court (Food Infringement Notices) Regulation 2005


Endnotes8

ACT
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Australian Capital Territory

Magistrates Court (Food Infringement Notices) Regulation 2005




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