Magistrates Court (Litter Infringement Notices) Regulation 2004 (ACT)

Magistrates Court (Litter Infringement Notices) Regulation 2004   

SL2004-50

made under the

Magistrates Court Act 1930

Republication No 10

Effective:  14 July 2023

Republication date: 14 July 2023

Last amendment made by A2023‑27

About this republication

The republished law

This is a republication of the Magistrates Court (Litter Infringement Notices) Regulation 2004, 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 14 July 2023.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 14 July 2023. 

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, 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 (Litter Infringement Notices) Regulation 2004

made under the

Magistrates Court Act 1930

Contents

Page

1            Name of regulation  2

2            Dictionary  2

3            Purpose of regulation  2

4            Notes  2

6            Administering authority  3

7           Infringement notice offences  3

7A          Declared offences—Act, s 117, definition of vehicle‑related offence, par (b) 3

8            Infringement notice penalties  3

9            Contents of infringement notices—other information  4

10          Contents of infringement notices—identifying person serving notice        4

11          Contents of reminder notices—identifying person serving notice            5

12          Service of notices by authorised people  5

Schedule 1Litter Act 2004 infringement notice offences and penalties 6

Schedule 2Litter Act 2004 vehicle-related offences 8

Dictionary9

Endnotes

1            About the endnotes  10

2            Abbreviation key  10

3            Legislation history  11

4            Amendment history  13

5            Earlier republications  15

Magistrates Court (Litter Infringement Notices) Regulation 2004

made under the

Magistrates Court Act 1930

1. Name of regulation

   This regulation is the Magistrates Court (Litter Infringement Notices) Regulation 2004.

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 ‘litter—see the Litter Act 2004, section 7.’ means that the term ‘litter’ 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)).

3. 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 Litter 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.

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 Litter Act 2004 is the director‑general for the Litter Act 2004.

6. Infringement notice offences

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

7ADeclared offences—Act, s 117, definition of vehicle‑related offence, par (b)

(1)An offence against a provision of the Litter Act 2004 mentioned in schedule 2, column 2 is declared to be an offence to which the Magistrates Court Act 1930, division 3.8.3 (Additional provisions for vehicle-related offences) applies.

(2)However, the Magistrates Court Act 1930, division 3.8.3 does not apply to the offence if—

(a)the vehicle related to the commission of an offence is a public passenger vehicle being used to transport a passenger; and

(b)the offence was committed by the passenger.

(3)In this section:

public passenger vehicle—see the Road Transport (Public Passenger Services) Act 2001, dictionary.

1. Infringement notice penalties

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

2. 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 Litter 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.

3. Contents of infringement notices—identifying person serving notice

   An infringement notice served on a person by an authorised person for an infringement notice offence against the Litter Act 2004 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 under the Litter Act 2004, section 14 (Appointment of authorised people)—

   (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.

4. Contents of reminder notices—identifying person serving notice

   A reminder notice served on a person by an authorised person for an infringement notice offence against the Litter Act 2004 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 under the Litter Act 2004, section 14 (Appointment of authorised people)—

   (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.

5. Service of notices by authorised people

   A police officer or an authorised person under the Litter Act 2004, section 14 (Appointment of authorised people) may serve the following:

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

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

Schedule 1Litter Act 2004 infringement notice offences and penalties

(see s 7 and s 8)

column 1 item	column 2 provision and, if relevant, case	column 3 offence penalty (pu)	column 4 infringement penalty ($)
1	8 (1)
1.1	·    if the litter is a ticket, voucher or receipt, a confectionary wrapper, cigarette packet or a similarly small item	10	150
1.2	·    any other litter	10	300
2	8 (2)	10	300
3	8 (3)	10	300
4	9 (2)	50	500
5	9B
5.1	·    level 1—1L or more of litter but less than 10L	20	500
5.2	·    level 2—10L or more of litter but less than 200L	35	1 000
5.3	·    level 3—200L or more of litter	50	1 500
6	10 (1)	50	500
7	11 (1)	50	1 500
8	11 (2)	50	1 500
9	11A	20	500
10	13 (1)	20	200
11	13 (3)	20	200
12	20 (3)	20	300
13	21 (5)	20	300
14	24D (3)	10	150
15	24E (1)	10	200
16	24F (3)	10	20
17	24N (1)	5	60
18	24Q (1)	20	300

Schedule 2Litter Act 2004 vehicle-related offences

(see s 7A)

column 1

item

column 2

vehicle-related offences

1

8 (1)

2

8 (2)

3

8 (3)

4

9 (2)

5

9B (1)

6

9B (2)

7

10 (1)

8

11 (1)

9

11 (2)

Dictionary

(see s 2)

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 Act 1930, dict:

·     administering authority

·     authorised person

·     infringement notice

·     infringement notice offence

·     reminder notice.

level—see the Litter Act 2004, section 7A.

litter—see the Litter Act 2004, section 7.

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

   This regulation was originally the Magistrates Court (Litter Infringement Notices) Regulations 2004.  It was renamed under the Legislation Act 2001.

   Magistrates Court (Litter Infringement Notices) Regulation 2004 SL2004-50

   notified LR 23 September 2004
   s 1, s 2 commenced 23 September 2004 (LA s 75 (1))

   remainder commenced 30 September 2004 (s 2 and see Litter Act 2004 A2004-47, s 2 and CN2004-22)

   as amended by

   Magistrates Court (Litter Infringement Notices) Amendment Regulation 2005 (No 1) SL2005-9

   notified LR 5 May 2005
   s 1, s 2 commenced 5 May 2005 (LA s 75 (1))

   remainder commenced 6 May 2005 (s 2)

   Dangerous Substances and Litter (Dumping) Legislation Amendment Act 2009 A2009-1 pt 4

   notified LR 17 February 2009
   s 1, s 2 commenced 17 February 2009 (LA s 75 (1))
   pt 4 commenced 17 August 2009 (s 2 and LA s 79)

   Litter (Shopping Trolleys) Amendment Act 2010 A2010-34 s 6

   notified LR 2 September 2010
   s 1, s 2 commenced 2 September 2010 (LA s 75 (1))
   s 6 commenced 2 March 2011 (s 2 and LA s 79)

   Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.104

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

   sch 1 pt 1.104 commenced 1 July 2011 (s 2 (1))

   Emergencies Amendment Act 2014 A2014-50 s 24

   notified LR 10 November 2014
   s 1, s 2 commenced 10 November 2014 (LA s 75 (1))

   s 24 commenced 11 November 2014 (s 2)

   Statute Law Amendment Act 2015 A2015‑15 sch 3 pt 3.28

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

   sch 3 pt 3.28 commenced 10 June 2015 (s 2)

   Litter Legislation Amendment Act 2019 A2019-39 pt 3

   notified LR 31 October 2019
   s 1, s 2 commenced 31 October 2019 (LA s 75 (1))
   pt 3 commenced 1 November 2019 (s 2 (1))

   Transport Canberra and City Services Legislation Amendment Act 2023 A2023-27 sch 1

   notified LR 7 July 2023
   s 1, s 2 commenced 7 July 2023 (LA s 75 (1))
   sch 1 commenced 14 July 2023 (s 2)

2. Amendment history

   Name of regulation

   s 1am R2 LA

   Dictionary

   s 2om LA s 89 (4)

   ins A2019‑39 s 39

   Purpose of regulation

   s 3am A2019‑39 s 45

   Meaning of Litter Act

   s 5om A2019‑39 s 40

   Administering authority

   s 6am A2011‑22 amdt 1.318; A2019‑39 s 45

   Infringement notice offences

   s 7am A2019‑39 s 45

   Declared offences—Act, s 117, definition of vehicle‑related offence, par (b)

   s 7Ains A2019‑39 s 41

   Infringement notice penalties

   s 8am A2019‑39 s 45

   Contents of infringement notices—other information

   s 9am A2019‑39 s 45

   Contents of infringement notices—identifying person serving notice

   s 10sub SL2005‑9 s 4

   am A2019‑39 s 45

   Contents of reminder notices—identifying person serving notice

   s 11sub SL2005‑9 s 4

   am A2019‑39 s 45

   Service of notices by authorised people

   s 12sub SL2005‑9 s 4

   am A2015‑15 amdt 3.111, amdt 3.112; A2019‑39 s 45

   Litter Act 2004 infringement notice offences and penalties

   sch 1am A2009‑1 s 23; A2010‑34 s 6; A2014-50 s 24; items renum R7 LA

   sub A2019‑39 s 42

   am A2023‑27 amdt 1.1

   Litter Act 2004 vehicle-related offences

   sch 2ins A2019‑39 s 43

   Dictionary

   dictins A2019‑39 s 44

   def level ins A2019‑39 s 44

   def litter ins A2019‑39 s 44

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 30 Sept 2004	30 Sept 2004– 1 Nov 2004	not amended	new regulation
R2 2 Nov 2004	2 Nov 2004– 5 May 2005	not amended	editorial amendments under Legislation Act
R3 6 May 2005	6 May 2005– 16 Aug 2009	SL2005‑9	amendments by SL2005‑9
R4 17 Aug 2009	17 Aug 2009– 1 Mar 2011	A2009‑1	amendments by A2009‑1
R5 2 Mar 2011	2 Mar 2011– 30 June 2011	A2010‑34	amendments by A2010‑34
R6 1 July 2011	1 July 2011– 10 Nov 2014	A2011‑22	amendments by A2011‑22
R7 11 Nov 2014	11 Nov 2014– 9 June 2015	A2014‑50	amendments by A2014‑50
R8 10 June 2015	10 June 2015– 31 Oct 2019	A2015-15	amendments by A2015-15
R9 1 Nov 2019	1 Nov 2019– 13 July 2023	A2019-39	amendments by A2019-39