Magistrates Court (Animal Welfare Infringement Notices) Regulation 2014 (ACT)
Magistrates Court (Animal Welfare Infringement Notices) Regulation 2014
SL2014-3
made under the
Magistrates Court Act 1930
Republication No 5
Effective: 10 April 2020
Republication date: 10 April 2020
Last amendment made by A2019‑35
About this republication
The republished law
This is a republication of the Magistrates Court (Animal Welfare Infringement Notices) Regulation 2014, 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 10 April 2020. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 10 April 2020.
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 type="disc">
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 ( 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 $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Magistrates Court (Animal Welfare Infringement Notices) Regulation 2014
made under the
Magistrates Court Act 1930
Contents
Page
1 Name of regulation 2
3 Dictionary 2
4 Notes 2
5 Purpose of regulation 2
6 Administering authority 3
7 Infringement notice offences 3
8 Infringement notice penalties 3
9 Contents of infringement notices—identifying authorised person 3
10 Contents of infringement notices—other information 4
11 Contents of reminder notices—identifying authorised person 4
12 Authorised people for infringement notice offences 4
Schedule 1Animal Welfare Act 1992 infringement notice offences and penalties 5
Dictionary8
Endnotes
1 About the endnotes 9
2 Abbreviation key 9
3 Legislation history 10
4 Amendment history 10
5 Earlier republications 11
Magistrates Court (Animal Welfare Infringement Notices) Regulation 2014
made under the
Magistrates Court Act 1930
Name of regulation
This regulation is the Magistrates Court (Animal Welfare Infringement Notices) Regulation 2014.
Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1The 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 Animal Welfare Act 1992, dictionary.’ means that the term ‘authorised officer’ is defined in that dictionary and the definition applies to this regulation.
Note 2A 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)).
Notes
A note included in this regulation is explanatory and is not part of this regulation.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
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 Animal Welfare Act 1992.
NoteThe 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.
Administering authority
The administering authority for an infringement notice offence against the Animal Welfare Act 1992 is the Animal Welfare Authority.
Infringement notice offences
The Magistrates Court Act 1930, part 3.8 applies to an offence against a provision of the Animal Welfare Act 1992 mentioned in schedule 1, column 2.
Infringement notice penalties
(1)The penalty payable by an individual for an offence against the Animal Welfare Act 1992, 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 Animal Welfare Act 1992, 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 Animal Welfare Act 1992 is $34.
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 Animal Welfare Act 1992 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.
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 Animal Welfare Act 1992 must include the company’s ACN.
NoteThe 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.
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 Animal Welfare Act 1992 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.
Authorised people for infringement notice offences
An inspector or authorised officer may serve the following:
(a)an infringement notice for an infringement notice offence against the Animal Welfare Act 1992;
(b)a reminder notice for an infringement notice offence against the Animal Welfare Act 1992.
Schedule 1Animal Welfare Act 1992 infringement notice offences and penalties
(see s 7 and s 8)
| column 1 item | column 2 offence provision | column 3 offence penalty | column 4 infringement penalty |
| 1 | 6C (1) | 25 | 500 |
| 2 | 6D (1) | 25 | 500 |
| 3 | 6E (1) | 25 | 500 |
| 4 | 6F (1) | 25 | 500 |
| 5 | 6G (2) | 50 | 500 |
| 6 | 8 (1) | 25 | 500 |
| 7 | 9 (2) | 50 | 500 |
| 8 | 9 (4) | 20 | 500 |
| 9 | 9A (1) | 50 | 1 400 |
| 10 | 9B (1) | 50 | 1 400 |
| 11 | 9C (1) | 50 | 1 400 |
| 12 | 10 (2) | 20 | 200 |
| 13 | 11 (2) | 50 | 500 |
| 14 | 11 (3) | 50 | 500 |
| 15 | 12A (3) | 20 | 500 |
| 16 | 14 (2) | 20 | 500 |
| 17 | 15A (1) | 20 | 500 |
| 18 | 15B (4) | 50 | 750 |
| 19 | 16 (3) | 50 | 500 |
| 20 | 19A (1) | 50 | 1 400 |
| 21 | 19A (2) | 50 | 1 400 |
| 22 | 19A (3) | 50 | 1 400 |
| 23 | 24D (1) | 20 | 500 |
| 24 | 24P (1) | 25 | 250 |
| 25 | 24Q (1) | 25 | 250 |
| 26 | 24R (1) | 50 | 500 |
| 27 | 24S (1) | 50 | 500 |
| 28 | 28 (2) | 50 | 500 |
| 29 | 33 (1) | 10 | 280 |
| 30 | 39 (2) | 50 | 500 |
| 31 | 42 (3) | 5 | 150 |
| 32 | 42 (4) | 5 | 150 |
| 33 | 45 (1) | 10 | 280 |
| 34 | 56 (2) | 50 | 500 |
| 35 | 56 (3) | 50 | 500 |
| 36 | 59 (1) | 10 | 280 |
| 37 | 60 (1A) | 50 | 500 |
| 38 | 60 (2) | 15 | 250 |
| 39 | 62 (1) | 50 | 500 |
| 40 | 65 (2) | 50 | 500 |
| 41 | 70 (1) | 10 | 280 |
| 42 | 73G (1) | 10 | 280 |
| 43 | 78 (4) | 5 | 150 |
| 44 | 82A (6) | 15 | 300 |
| 45 | 86B (3) | 50 | 500 |
Dictionary
(see s 3)
Note 1The Legislation Act contains definitions and other provisions relevant to this regulation.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
· corporation
· Corporations Act
· individual.
Note 3Terms 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.
Animal Welfare Authority means the Animal Welfare Authority established under the Animal Welfare Act 1992, section 5.
authorised officer—see the Animal Welfare Act 1992, dictionary.
inspector—see the Animal Welfare Act 1992, dictionary.
Endnotes
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.
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
Legislation history
Magistrates Court (Animal Welfare Infringement Notices) Regulation 2014 SL2014-3
notified LR 6 March 2014
s 1, s 2 commenced 6 March 2014 (LA s 75 (1))
sch 1 items 2 to 4 commenced 7 March 2014 (s 2 (2) and see Animal Welfare (Factory Farming) Amendment Act 2014 A2014-3 s 2)
remainder commenced 7 March 2014 (s 2 (1))as amended by
Statute Law Amendment Act 2015 A2015‑15 sch 3 pt 3.12
notified LR 27 May 2015
s 1, s 2 commenced 27 May 2015 (LA s 75 (1))sch 3 pt 3.12 commenced 10 June 2015 (s 2)
Animal Welfare Amendment Act 2016 A2016-19 sch 1 pt 1.3
notified LR 13 April 2016
s 1, s 2 commenced 13 April 2016 (LA s 75 (1))
sch 1 pt 1.3 commenced 31 May 2016 (s 2, CN2016-11 and see LA s 77 (3))Animal Welfare Legislation Amendment Act 2019 A2019-35 pt 7
notified LR 10 October 2019
s 1, s 2 commenced 10 October 2019 (LA s 75 (1))
s 134 commenced 10 April 2020 (s 2 (2))
pt 7 remainder commenced 17 October 2019 (s 2 (1))Amendment history
Commencement
s 2om LA s 89 (4)
Authorised people for infringement notice offences
s 12am A2015‑15 amdt 3.66, amdt 3.67
Animal Welfare Act 1992 infringement notice offences and penalties
sch 1am A2016‑19 amdt 1.5; items renum R3 LA
sub A2019‑35 s 133
am A2019‑35 s 134; items renum R5 LA
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
7 Mar 20147 Mar 2014–
9 June 2015not amended new regulation R2
10 June 201510 June 2015–
30 May 2016A2015‑15 amendments by A2015‑15 R3
31 May 201631 May 2016–
16 Oct 2019A2016‑19 amendments by A2016‑19 R4
17 Oct 201917 Oct 2019–
9 Apr 2020A2019‑35 amendments by A2019‑35
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