Magistrates Court (Liquor Infringement Notices) Regulation 2010 (ACT)

Magistrates Court (Liquor Infringement Notices) Regulation 2010   

SL2010-47

made under the

Magistrates Court Act 1930

Republication No 7

Effective:  22 November 2018

Republication date: 22 November 2018

Last amendment made by A2018‑42

About this republication

The republished law

This is a republication of the Magistrates Court (Liquor Infringement Notices) Regulation 2010, 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 22 November 2018.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 22 November 2018. 

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 (Liquor Infringement Notices) Regulation 2010

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  5

Schedule 1 Liquor Act infringement notice offences and penalties       6

Dictionary9

Endnotes

1            About the endnotes  10

2            Abbreviation key  10

3            Legislation history  11

4            Amendment history  13

5            Earlier republications  14

Magistrates Court (Liquor Infringement Notices) Regulation 2010

made under the

Magistrates Court Act 1930

1. Name of regulation

   This regulation is the Magistrates Court (Liquor Infringement Notices) Regulation 2010.

2. 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 ‘investigator—see the Fair Trading (Australian Consumer Law) Act 1992, dictionary.’ means that the term ‘investigator’ 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)).

3. 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.

4. 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.

5. Administering authority

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

6. 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.

   NoteSome infringement notice offences in sch 1 may be committed by individuals who are under 18 years old.  However, infringement notices for those offences may only be given to individuals who are 16 years old or older (see sch 1, col 2).

7. 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 penalty payable by a corporation for an offence against the Liquor 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 Liquor Act is $34.

8. 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 investigator—

   (i)the investigator’s full name, or surname and initials; or

   (ii)any unique number given to the investigator by the administering authority for this regulation.

9. 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 Liquor Act 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.

10. 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 investigator—

    (i)the investigator’s full name, or surname and initials; or

    (ii)any unique number given to the investigator by the administering authority for this regulation.

11. Authorised people for infringement notice offences

    A police officer or investigator may serve the following:

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

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

Schedule 1Liquor Act infringement notice offences and penalties

(see s 7 and s 8)

column 1 item	column 2 offence provision and case	column 3 offence penalty (penalty units)	column 4 infringement penalty ($)
1	34 (3)	5	110
2	46 (1)	20	440
3	66 (1)	20	440
4	100 (1)	50	1 100
5	100 (2)	50	1 100
6	100 (3)	50	1 100
7	100 (4)	50	1 100
8	101 (1), except where individual is under 16 years old	10	220
9	101 (2), except where individual is under 16 years old	10	220
10	102 (1)	50	1 100
11	102 (2)	50	1 100
12	102 (3), except where individual is under 16 years old	10	220
13	102 (4), except where individual is under 16 years old	10	220
14	103 (1)	20	440
15	103 (2)	20	440
16	105 (1)	50	1 100
17	105 (2)	50	1 100
18	105 (3)	50	1 100
19	105 (4)	50	1 100
20	106 (1), except where individual is under 16 years old	10	220
21	106 (2), except where individual is under 16 years old	10	220
22	107 (1), except where individual is under 16 years old	5	110
23	108 (1), except where individual is under 16 years old	10	220
24	108 (2), except where individual is under 16 years old	10	220
25	123 (1)	20	440
26	123 (2)	20	440
27	125 (1)	50	1 100
28	125 (2)	50	1 100
29	126 (1)	10	220
30	126 (2)	10	220
31	132 (1)	10	220
32	132 (2)	10	220
33	134 (1)	20	440
34	134 (2)	20	440
35	138 (1), except where individual is under 16 years old	20	440
36	139 (1)	20	440
37	139 (2), except where individual is under 16 years old	10	220
38	139A (1)	20	440
39	139A (2)	10	220
40	141 (1)	5	110
41	141 (2)	5	1 10
42	142 (1)	20	440
43	142 (2)	50	1 100
44	143A (1)	10	220
45	143A (2)	10	220
46	148 (1)	50	1 100
47	199 (1), except where individual is under 16 years old	5	110

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

·     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.

investigator—see the Fair Trading (Australian Consumer Law) Act 1992, dictionary.

Liquor Act means the Liquor Act 2010.

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 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.

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 2010 SL2010-47

   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))

   as amended by

   Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.103

   notified LR 30 June 2011
   s 1, s 2 commenced 30 June 2011 (LA s 75 (1))

   sch 1 pt 1.103 commenced 1 July 2011 (s 2 (1))

   Magistrates Court (Liquor Infringement Notices) Amendment Regulation 2012 (No 1) SL2012-28

   notified LR 28 June 2012
   s 1, s 2 commenced 28 June 2012 (LA s 75 (1))

   remainder commenced 29 June 2012 (s 2)

   Statute Law Amendment Act 2013 A2013-19 sch 3 pt 3.27

   notified LR 24 May 2013
   s 1, s 2 commenced 24 May 2013 (LA s 75 (1))

   sch 3 pt 3.27 commenced 14 June 2013 (s 2)

   Statute Law Amendment Act 2015 A2015‑15 sch 3 pt 3.27

   notified LR 27 May 2015
   s 1, s 2 commenced 27 May 2015 (LA s 75 (1))

   sch 3 pt 3.27 commenced 10 June 2015 (s 2)

   Liquor Amendment Act 2017 A2017‑13 sch 1 pt 1.1

   notified LR 17 May 2017
   s 1, s 2 commenced 17 May 2017 (LA s 75 (1))

   sch 1 pt 1.1 commenced 18 May 2017 (s 2 (2))

   Statute Law Amendment Act 2018 A2018-42 sch 3 pt 3.23

   notified LR 8 November 2018
   s 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))

   sch 3 pt 3.23 commenced 22 November 2018 (s 2 (1))

2. Amendment history

   Commencement

   s 2om LA s 89 (4)

   Dictionary

   s 3am A2013‑19 amdt 3.206

   Administering authority

   s 6am A2011‑22 amdt 1.315; A2013‑19 amdt 3.207

   Authorised people for infringement notice offences

   s 12am A2015‑15 amdt 3.109, amdt 3.110

   Repeal of Magistrates Court (Liquor Infringement Notices) Regulation 2008

   s 13om LA s 89 (3)

   Liquor Act infringement notice offences and penalties

   sch 1am SL2012‑28 s 4; items renum R3 LA; A2017‑13 amdts 1.1‑1.3; items renum R6 LA; A2018‑42 amdt 3.73; items renum R7 LA

   Dictionary

   dictam A2011‑22 amdt 1.316, amdt 1.317

   def investigator sub A2013‑19 amdt 3.208

1. 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 1 Dec 2010	1 Dec 2010– 30 June 2011	not amended	new regulation
R2 1 July 2011	1 July 2011– 28 June 2012	A2011‑22	amendments by A2011‑22
R3 29 June 2012	29 June 2012– 13 June 2013	SL2012‑28	amendments by SL2012‑28
R4 14 June 2013	14 June 2013– 9 June 2015	A2013-19	amendments by A2013-19
R5 10 June 2015	10 June 2015– 17 May 2017	A2015‑15	amendments by A2015‑15
R6 18 May 2018	18 May 2018– 21 Nov 2018	A2017‑13	amendments by A2017‑13