Magistrates Court (Heritage Infringement Notices) Regulation 2020 (ACT)

Magistrates Court (Heritage Infringement Notices) Regulation 2020

Subordinate Law SL2020-5

The Australian Capital Territory Executive makes the following regulation under the Magistrates Court Act 1930.

Dated 18 February 2020.

Gordon Ramsay

Minister

Mick Gentleman

Minister

Magistrates Court (Heritage Infringement Notices) Regulation 2020

Subordinate Law SL2020-5

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 people for infringement notice offences  4

Schedule 1Heritage Act 2004 infringement notice offences and penalties 5

Dictionary6

1. Name of regulation

   This regulation is the Magistrates Court (Heritage Infringement Notices) Regulation 2020.

2. Commencement

   This regulation commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. 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 Heritage Act 2004, dictionary.’ means that the term ‘authorised person’ 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)).

4. 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.

5. 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 Heritage Act 2004.

   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.

6. Administering authority

   The administering authority for an infringement notice offence against the Heritage Act 2004 is the director-general for that Act.

7. Infringement notice offences

   The Magistrates Court Act 1930, part 3.8 applies to an offence against a provision of the Heritage Act 2004 mentioned in schedule 1, column 2.

8. Infringement notice penalties

   (1)The penalty payable by an individual for an offence against the Heritage Act 2004, 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 Heritage Act 2004, 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 Heritage Act 2004 is $34.

9. 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 Heritage Act 2004 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.

10. 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 Heritage Act 2004 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.

11. 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 Heritage Act 2004 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.

12. Authorised people for infringement notice offences

    An authorised person may serve the following:

    (a)an infringement notice for an infringement notice offence against the Heritage Act 2004;

    (b)a reminder notice for an infringement notice offence against the Heritage Act 2004.

Schedule 1Heritage Act 2004 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	74 (3)	100	1 000
2	75 (3)	100	1 000

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

·     director-general (see s 163)

·     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 Act1930, dict:

·     administering authority

·     infringement notice

·     infringement notice offence

·     infringement notice penalty

·     reminder notice.

authorised person—see the Heritage Act 2004, dictionary.

Endnotes

1. Notification

   Notified under the Legislation Act on 20 February 2020.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2020