Magistrates Court (Major Events Infringement Notices) Regulation 2014 (ACT)
Magistrates Court (Major Events Infringement Notices) Regulation 2014
Subordinate Law SL2014-30
The Australian Capital Territory Executive makes the following regulation under the Magistrates Court Act 1930.
Dated 17 November 2014.
Simon Corbell
Minister
Joy Burch
Minister
Magistrates Court (Major Events Infringement Notices) Regulation 2014
Subordinate Law SL2014-30
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 Service of infringement notices––belief about age of individual 2
8 Service of infringement notices—witnessing conduct 2
9 Infringement notice offences 2
10 Infringement notice penalties 3
11 Contents of infringement notices—identifying authorised person 3
12 Contents of reminder notices—identifying authorised person 3
13 Authorised people for infringement notice offences 3
Schedule 1Major Events Act 2014 infringement notice offences and penalties 4
Dictionary5
Name of regulation
This regulation is the Magistrates Court (Major Events Infringement Notices) Regulation 2014.
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 Major Events Act 2014.
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 Major Events Act 2014 is the chief police officer.
Service of infringement notices––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 if 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.
Service of infringement notices—witnessing conduct
An authorised person is taken not to have reasonable grounds for believing that a person committed an infringement notice offence unless the authorised person witnessed the person committing the offence.
Infringement notice offences
The Magistrates Court Act 1930, part 3.8 applies to an offence against a provision of the Major Events Act 2014 mentioned in schedule 1, column 2, except if the individual believed to have committed the offence is under 16 years old.
Infringement notice penalties
(1)The penalty payable by an individual for an offence against the Major Events Act 2014, 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 Major Events Act 2014 is $34.
Contents of infringement notices—identifying authorised person
An infringement notice served on a person by an authorised person for an infringement notice offence against the Major Events Act 2014 must identify the authorised person by the person’s police officer service number.
Contents of reminder notices—identifying authorised person
An reminder notice served on a person by an authorised person for an infringement notice offence against the Major Events Act 2014 must identify the authorised person by the person’s police officer service number.
Authorised people for infringement notice offences
A police officer may serve the following:
(a)an infringement notice for an infringement notice offence against the Major Events Act 2014;
(b)a reminder notice for an infringement notice offence against the Major Events Act 2014.
Schedule 1Major Events Act 2014 infringement notice offences and penalties
(see s 9 and s 10)
| column 1 item | column 2 offence provision | column 3 offence penalty | column 4 infringement penalty ($) |
| 1 | 13 (1) | 5 | 150 |
| 2 | 13 (2) | 50 | 1 500 |
| 3 | 15 (1) | 25 | 400 |
| 4 | 16 (2) | 10 | 300 |
| 5 | 17 (2) | 10 | 300 |
| 6 | 18 (2) | 10 | 300 |
| 7 | 20 (2) | 5 | 150 |
| 8 | 23 (1) | 10 | 300 |
| 9 | 23 (2) | 20 | 400 |
| 10 | 24 (7) | 50 | 1 500 |
| 11 | 50 (6) | 20 | 400 |
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:
· chief police officer
· 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.
Endnotes
Notification
Notified under the Legislation Act on 17 November 2014.
Republications of amended laws
For the latest republication of amended laws, see align="center">© Australian Capital Territory 2014
0
0
0