Magistrates Court (Circular Economy Infringement Notices) Regulation 2023 (ACT)
Magistrates Court (Circular Economy Infringement Notices) Regulation 2023
Subordinate Law SL2023-26
The Australian Capital Territory Executive makes the following regulation under the Magistrates Court Act 1930.
Dated 23 October 2023.
ANDREW BARR
Chief Minister
SHANE RATTENBURY
Minister
CHRIS STEEL
Minister
Magistrates Court (Circular Economy Infringement Notices) Regulation 2023
Subordinate Law SL2023-26
made under the
Magistrates Court Act 1930
Contents
Page
1 Name of regulation 1
2 Commencement 1
3 Dictionary 1
4 Notes 1
5 Purpose of regulation 2
6 Administering authority 2
7 Infringement notice offences 2
8 Infringement notice penalties 2
9 Contents of infringement notices—identifying authorised person 3
10 Contents of infringement notices—other information 3
11 Contents of reminder notices—identifying authorised person 3
12 Authorised person for infringement notice offences 4
13 Prescribed person—Act, s 135 (1) 4
Schedule 1Circular Economy Act 2023 infringement notice offences and penalties 5
Dictionary6
Name of regulation
This regulation is the Magistrates Court (Circular Economy Infringement Notices) Regulation 2023.
Commencement
This regulation commences on the day the Circular Economy Act 2023, section 3 commences.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
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 person—see the Circular Economy Act 2023, section 24.’ means that the term ‘authorised person’ is defined in that section 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.
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 Circular Economy Act 2023.
NoteThe Magistrates Court Act 1930, pt 3.8 provides a system of infringement notices for offences against various territory laws. The infringement notice system is intended to provide an alternative to prosecution.
Administering authority
The administering authority for an infringement notice offence against the Circular Economy Act 2023 is the director-general of the Transport Canberra and City Services Directorate.
Infringement notice offences
The Magistrates Court Act 1930, part 3.8 applies to an offence against a provision of the Circular Economy Act 2023 mentioned in schedule 1, column 2.
Infringement notice penalties
(1)The penalty payable by an individual for an offence against the Circular Economy Act 2023, 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 Circular Economy Act 2023, 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 Circular Economy Act 2023 is $34.
Contents of infringement notices—identifying authorised person
An infringement notice served on a person by an authorised person for an infringement notice offence against the Circular Economy Act 2023 must identify the authorised person by—
(a)the authorised person’s full name, or surname and initials; or
(b)any unique number given, for this regulation, to the authorised person by the administering authority.
Contents of infringement notices—other information
(1)An infringement notice served on a company by an authorised person for an infringement notice offence against the Circular Economy Act 2023 must include the company’s ACN.
NoteThis requirement under this section is additional to the requirement under the Magistrates Court Act 1930, s 121 (1) (c).
(2)In this section:
company means a company registered under the Corporations Act.
Contents of reminder notices—identifying authorised person
A reminder notice served on a person by an authorised person for an infringement notice offence against the Circular Economy Act 2023 must identify the authorised person by—
(a)the authorised person’s full name, or surname and initials; or
(b)any unique number given, for this regulation, to the authorised person by the administering authority.
Authorised person for infringement notice offences
An authorised person may serve the following:
(a)an infringement notice for an infringement notice offence against the Circular Economy Act 2023;
(b)a reminder notice for an infringement notice offence against that Act.
Prescribed person—Act, s 135 (1)
The waste manager is prescribed.
Schedule 1Circular Economy Act 2023 infringement notice offences and penalties
(see s 7 and s 8)
| column 1 item | column 2 offence provision | column 3 offence penalty (penalty units) | column 4 infringement penalty ($) |
| 1 | 17 (1) | 50 | 300 |
| 2 | 19 (5) | 20 | 120 |
| 3 | 22 (1) | 50 | 300 |
| 4 | 23 (6) | 50 | 300 |
| 5 | 26 (2) | 1 | 32 |
| 6 | 30 (3) | 5 | 100 |
Dictionary
(see s 3)
Note 1The Legislation Act contains definitions relevant to this regulation. For example:
· corporation
· Corporations Act
· individual.
Note 2Terms used in this regulation have the same meaning that they have in the Magistrates Court Act 1930. For example, the following terms are defined in that Act, dict:
· administering authority
· infringement notice
· infringement notice offence
· infringement notice penalty
· reminder notice.
authorised person—see the Circular Economy Act 2023, section 24.
waste manager—see the Waste Management and Resource Recovery Act 2016, dictionary.
Endnotes
Notification
Notified under the Legislation Act on 26 October 2023.
Republications of amended laws
For the latest republication of amended laws, see align="center">© Australian Capital Territory 2023
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