Magistrates Court (Long Service Leave Portable Schemes Infringement Notices) Regulation 2020 (ACT)
Magistrates Court (Long Service Leave Portable Schemes Infringement Notices) Regulation 2020
Subordinate Law SL2020-2
The Australian Capital Territory Executive makes the following regulation under the Magistrates Court Act 1930.
Dated 15 January 2020.
Rachel Stephen-Smith
Minister
Mick Gentleman
Minister
Magistrates Court (Long Service Leave Portable Schemes Infringement Notices) Regulation 2020
Subordinate Law SL2020-2
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 1
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 1Long Service Leave (Portable Schemes) Act 2009 infringement notice offences and penalties 5
Dictionary6
Name of regulation
This regulation is the Magistrates Court (Long Service Leave Portable Schemes Infringement Notices) Regulation 2020.
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)).
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.
Note 2A definition in the dictionary 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.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
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 Long Service Leave (Portable Schemes) Act 2009.
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.
Administering authority
The administering authority for an infringement notice offence against the Long Service Leave (Portable Schemes) Act 2009 is the registrar of the Long Service Leave Authority.
Infringement notice offences
The Magistrates Court Act 1930, part 3.8 applies to an offence against a provision of the Long Service Leave (Portable Schemes) Act 2009 mentioned in schedule 1, column 2.
Infringement notice penalties
(1)The penalty payable by an individual for an offence against the Long Service Leave (Portable Schemes) Act 2009, 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 Long Service Leave (Portable Schemes) Act 2009, 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 Long Service Leave (Portable Schemes) Act 2009 is $34.
Contents of infringement notices—identifying authorised person
An infringement notice served on a person by an authorised person for an infringement notice offence against the Long Service Leave (Portable Schemes) Act 2009 must identify the authorised person by—
(a)the authorised person’s full name, or surname and initials; or
(b)any unique number given, for this regulation, to the authorised person by the administering authority.
Contents of infringement notices—other information
(1)An infringement notice served on a company by an authorised person for an infringement notice offence against the Long Service Leave (Portable Schemes) Act 2009 must include the company’s ACN.
NoteThe requirement under this section is additional to the requirement under the Magistrates Court Act 1930, s 121 (1) (c).
(2)In this section:
company means a company registered under the Corporations Act.
Contents of reminder notices—identifying authorised person
A reminder notice served on a person by an authorised person for an infringement notice offence against the Long Service Leave (Portable Schemes) Act 2009 must identify the authorised person by—
(a)the authorised person’s full name, or surname and initials; or
(b)any unique number given, for this regulation, to the authorised person by the administering authority.
Authorised people for infringement notice offences
A person appointed under the Long Service Leave (Portable Schemes) Act 2009, section 71 (Appointment of inspectors) may serve the following:
(a)an infringement notice for an infringement notice offence against the Long Service Leave (Portable Schemes) Act 2009;
(b)a reminder notice for an infringement notice offence against the Long Service Leave (Portable Schemes) Act 2009.
Schedule 1Long Service Leave (Portable Schemes) Act 2009 infringement notice offences and penalties
(see s 7 and s 8)
| column 1 item | column 2 offence provision | column 3 offence penalty (penalty units) | column 4 infringement penalty ($) |
| 1 | 31 | 50 | 1 600 |
| 2 | 36 | 5 | 160 |
| 3 | 49 | 20 | 640 |
| 4 | 57 (1) | 20 | 640 |
| 5 | 57 (2) | 20 | 640 |
| 6 | 58 (1) | 20 | 640 |
| 7 | 58 (2) | 20 | 640 |
| 8 | 63 (2) | 20 | 640 |
| 9 | 1.7 (1) | 50 | 1 600 |
| 10 | 1.7 (3) | 50 | 1 600 |
| 11 | 2.7 (1) | 50 | 1 600 |
| 12 | 2.7 (3) | 50 | 1 600 |
| 13 | 3.8 (1) | 50 | 1 600 |
| 14 | 3.8 (3) | 50 | 1 600 |
| 15 | 4.8 (1) | 50 | 1 600 |
| 16 | 4.8 (3) | 50 | 1 600 |
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
· 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
· infringement notice penalty
· reminder notice.
Long Service Leave Authority means the Long Service Leave Authority established under the Long Service Leave (Portable Schemes) Act 2009, section 79A.
Endnotes
Notification
Notified under the Legislation Act on 20 January 2020.
Republications of amended laws
For the latest republication of amended laws, see align="center">© Australian Capital Territory 2020
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