Magistrates Court (Liquor Infringement Notices) Regulation 2008 (ACT)

Magistrates Court (Liquor Infringement Notices) Regulation 2008 (repealed)   

SL2008-15

made under the

Magistrates Court Act 1930

Republication No 2

Effective:  1 December 2010

Republication date: 1 December 2010

As repealed by SL2010-47 s 13

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Magistrates Court (Liquor Infringement Notices) Regulation 2008 (repealed), made under the Magistrates Court Act 1930, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).It also includes any commencement, amendment, repeal or expiry affecting the republished law to 1 December 2010. 

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 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

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).

Magistrates Court (Liquor Infringement Notices) Regulation 2008 (repealed)

made under the

Magistrates Court Act 1930

Contents

Page

1. Name of regulation  2

2. Purpose of regulation  2

3. Dictionary  2

4. Notes  2

5. Administering authority  3

6. Service of infringement notices, Act, s 120––belief about age of individual 3

7. Service of infringement notices, Act, s 120––witnessing conduct           3

8. Infringement notice offences  3

9. Infringement notice penalties  3

10. Contents of infringement notices—identifying authorised person            4

11. Contents of reminder notices—identifying authorised person                4

12. Authorised people for infringement notice offences  5

Schedule 1Liquor Act infringement notice offences and penalties       6

Dictionary7

Endnotes

1. About the endnotes  8

2. Abbreviation key  8

3. Legislation history  9

4. Amendment history  9

Magistrates Court (Liquor Infringement Notices) Regulation 2008 (repealed)

made under the

Magistrates Court Act 1930

1. Name of regulation

   This regulation is the Magistrates Court (Liquor Infringement Notices) Regulation 2008.

2. 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 Liquor Act.

   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.

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 ‘inspector––see the Liquor Act 1975, section 23.’ means that the term ‘inspector’ 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)).

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. Administering authority

   The administering authority for an infringement notice offence against the Liquor Act is the chief executive for the Liquor Act.

6. 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 1The infringement notice offence in schedule 1 applies except where an individual is under 16 years old.

   Note 2Under 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. 

7. Service of infringement notices, Act, s 120––witnessing conduct

   An authorised person is taken not to have reasonable grounds for believing that an individual committed an infringement notice offence unless the authorised person witnessed the individual committing the offence.

8. Infringement notice offences

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

9. Infringement notice penalties

   (1)The penalty payable by an individual for an offence against the Liquor Act, under an infringement notice for the offence, is the amount mentioned in schedule 1, column 4 for the offence.

   (2)The cost of serving a reminder notice for an infringement notice offence against the Liquor Act is $34.

10. 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 Liquor 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 who is an inspector––

    (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.

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 Liquor 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 who is an inspector––

    (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.

12. Authorised people for infringement notice offences

    A police officer or an inspector may serve—

    (a)an infringement notice for an infringement notice offence against the Liquor Act; and

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

    NoteFor how documents may be served, see the Legislation Act, pt 19.5.

Schedule 1Liquor 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	139 (1), except where individual is under 16 years old	5	100

Dictionary

(see s 4)

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:

·     chief executive (see s 163)

·     individual

·     police officer.

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.

inspector––see the Liquor Act 1975, section 23.

Liquor Act means the Liquor Act 1975.

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

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

1. Legislation history

   Magistrates Court (Liquor Infringement Notices) Regulation 2008 SL2008-15

   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)

   as repealed by

   Magistrates Court (Liquor Infringement Notices) Regulation 2010 SL2010-47 s 13

   notified LR 30 November 2010
   s 1, s 2 commenced 30 November 2010 (LA s 75 (1))
   remainder commenced 1 December 2010 (s 2 and see Liquor Act 2010 A2010-35, s 2 (3) (as am by A2010-43 amdt 1.19) and CN2010-14))

2. Amendment history

   Commencement

   s 2om LA s 89 (4)