MAGISTRATES COURT (CRIMES INFRINGEMENT NOTICES) REGULATION 2008 - 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. Service of infringement notices, Act, s 120--belief about age of 8. Service of infringement notices, Act, s 120--witnessing 9. Infringement notice offences 10. Infringement notice penalties 11. Contents of infringement notices--other information 12. Contents of infringement notices--identifying authorised person 13. Contents of reminder notices--identifying authorised person 14. Authorised people for infringement notice offences SCHEDULE 1 DICTIONARY ENDNOTES MAGISTRATES COURT (CRIMES INFRINGEMENT NOTICES) REGULATION 2008 - REG 1 Name of regulation This regulation is the Magistrates Court (Crimes Infringement Notices) Regulation 2008. MAGISTRATES COURT (CRIMES INFRINGEMENT NOTICES) REGULATION 2008 - 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 Crimes 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 (CRIMES INFRINGEMENT NOTICES) REGULATION 2008 - 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. Note 2 A definition in the dictionary 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 (CRIMES INFRINGEMENT NOTICES) REGULATION 2008 - 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 (CRIMES INFRINGEMENT NOTICES) REGULATION 2008 - REG 6 Administering authority The administering authority for an infringement notice offence against the Crimes Act is the chief police officer. MAGISTRATES COURT (CRIMES INFRINGEMENT NOTICES) REGULATION 2008 - REG 7 Service of infringement notices, Act, s 120--belief about age of individual An authorised person is taken to have reasonable grounds for believing that an individual is of a particular age if the authorised person sees evidence of the individual's identity and age. Note 1 The infringement notice offence in schedule 1 applies except where an individual is under 16 years old. Note 2 Under the Act, s 120 the authorised person must believe on reasonable grounds that a person has committed an infringement notice offence, before serving an infringement notice on the person for the offence. MAGISTRATES COURT (CRIMES INFRINGEMENT NOTICES) REGULATION 2008 - REG 8 Service of infringement notices, Act, s 120--witnessing conduct An authorised person is taken not to have reasonable grounds for believing that a person committed an infringement notice offence unless the authorised person witnessed the person committing the offence. MAGISTRATES COURT (CRIMES INFRINGEMENT NOTICES) REGULATION 2008 - REG 9 Infringement notice offences The Magistrates Court Act 1930, part 3.8 applies to an offence against a provision of the Crimes Act mentioned in schedule 1, column 2. MAGISTRATES COURT (CRIMES INFRINGEMENT NOTICES) REGULATION 2008 - REG 10 Infringement notice penalties (1) The penalty payable by an individual for an offence against the Crimes 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 Crimes 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 Crimes Act is $34. MAGISTRATES COURT (CRIMES INFRINGEMENT NOTICES) REGULATION 2008 - REG 11 Contents of infringement notices--other information An infringement notice served on a person by an authorised person for an infringement notice offence against the Crimes Act must include-- (a) if the person is a company registered under the Corporations Act--the company's ACN; or (b) if the person is a partner in a partnership--the partnership's name. Note The requirement under this section is additional to the requirement under the Magistrates Court Act 1930, s 121 (1) (c). MAGISTRATES COURT (CRIMES INFRINGEMENT NOTICES) REGULATION 2008 - REG 12 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 Crimes Act must identify the authorised person by-- (a) for an authorised person who is a police officer--the police officer's service number; or (b) for an authorised person under the Litter Act 2004, section 14 (Appointment of authorised people)-- (i) the authorised person's full name, or surname and initials; or (ii) any unique number given, for this regulation, to the authorised person by the administering authority. MAGISTRATES COURT (CRIMES INFRINGEMENT NOTICES) REGULATION 2008 - REG 13 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 Crimes Act must identify the authorised person by-- (a) for an authorised person who is a police officer--the police officer's service number; or (b) for an authorised person under the Litter Act 2004, section 14 (Appointment of authorised people)-- (i) the authorised person's full name, or surname and initials; or (ii) any unique number given, for this regulation, to the authorised person by the administering authority. MAGISTRATES COURT (CRIMES INFRINGEMENT NOTICES) REGULATION 2008 - REG 14 Authorised people for infringement notice offences (1) A police officer may serve-- (a) an infringement notice for an infringement notice offence against the Crimes Act; and (b) a reminder notice for an infringement notice offence against the Crimes Act. (2) An authorised person under the Litter Act, 2004, section 14 (Appointment of authorised people) may serve-- (a) an infringement notice for an infringement notice offence against the Crimes Act, section 120; and (b) a reminder notice for an infringement notice offence against the Crimes Act, section 120. Note For how documents may be served, see the Legislation Act, pt 19.5. MAGISTRATES COURT (CRIMES INFRINGEMENT NOTICES) REGULATION 2008 - SCHEDULE 1 Schedule 1 Crimes Act infringement notice offences and penalties (see s 9 and s 10) column 1 item column 2 offence provision and case column 3 offence penalty (penalty units) column 4 infringement penalty ($) 1 120, except where individual is under 16 years old 10 200 2 393A, except where individual is under 16 years old 10 200 3 394 (2), except where individual is under 16 years old 10 200 MAGISTRATES COURT (CRIMES INFRINGEMENT NOTICES) REGULATION 2008 - 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 police officer o corporation o Corporations Act o individual o police officer. 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. "Crimes Act" means the Crimes Act 1900. MAGISTRATES COURT (CRIMES INFRINGEMENT NOTICES) REGULATION 2008 - 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 Magistrates Court (Crimes Infringement Notices) Regulation 2008 SL2008-14 notified LR 14 April 2008 s 1, s 2 commenced 14 April 2008 (LA s 75 (1)) remainder commenced 16 April 2008 (s 2 and see Crimes Amendment Act 2008 A2008-6 s 2) 4 Amendment history Commencements 2 om LA s 89 (4) (c) Australian Capital Territory 2008 MAGISTRATES COURT (CRIMES INFRINGEMENT NOTICES) REGULATION 2008 - NOTES Australian Capital Territory SL2008-14 Republication No 1 Effective: 16 April 2008 Republication date: 16 April 2008 Regulation not amendedUnauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Magistrates Court (Crimes Infringement Notices) Regulation 2008, 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 16 April 2008. It also includes any commencement, repeal or expiry affecting the republished law. 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 amendments 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 The value of a penalty unit for an offence against this republished law at the republication date is-- (a) if the person charged is an individual--$100; or (b) if the person charged is a corporation--$500. Australian Capital Territory Magistrates Court (Crimes Infringement Notices) Regulation 2008 Endnotes Australian Capital Territory Magistrates Court (Crimes Infringement Notices) Regulation 2008