Magistrates Court (Nature Conservation Infringement Notices) Regulation 2005 (ACT)

Magistrates Court (Nature Conservation Infringement Notices) Regulation 2005 (repealed)   

SL2005-33

made under the

Magistrates Court Act 1930

Republication No 3

Effective:  11 June 2015

Republication date: 11 June 2015

As repealed by A2014‑59 s 372 (1)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Magistrates Court (Nature Conservation Infringement Notices) Regulation 2005 (repealed), made under the Magistrates Court Act 1930, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).It also includes any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 this republished law to 11 June 2015. 

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 $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).

Magistrates Court (Nature Conservation Infringement Notices) Regulation 2005 (repealed)

made under the

Magistrates Court Act 1930

Contents

Page

1            Name of regulation  2

3            Purpose of regulation  2

4            Dictionary  2

5            Notes  2

6            Administering authority  3

7           Infringement notice offences  3

8            Infringement notice penalties  3

9            Contents of infringement notices—other information  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  4

Schedule 1 Nature Conservation Act infringement notice offences and penalties  5

Dictionary10

Endnotes

1            About the endnotes  11

2            Abbreviation key  11

3            Legislation history  12

4            Amendment history  12

5            Earlier republications  13

Magistrates Court (Nature Conservation Infringement Notices) Regulation 2005 (repealed)

made under the

Magistrates Court Act 1930

1. Name of regulation

   This regulation is the Magistrates Court (Nature Conservation Infringement Notices) Regulation 2005.

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 Nature Conservation 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 ‘conservation officer—see the Nature Conservation Act, dictionary.’ means that the term ‘conservation officer’ 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)).

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 Nature Conservation Act is the conservator of flora and fauna.

6. Infringement notice offences

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

7. Infringement notice penalties

   (1)The penalty payable by an individual for an offence against the Nature Conservation Act, under an infringement notice for the offence, is the amount mentioned in schedule 1, column 4 of the item applying to the offence or, if there is more than 1 amount mentioned in the column, the amount applying to the individual.

   (2)The penalty payable by a corporation for an offence against the Nature Conservation Act, under an infringement notice for the offence, is 5 times the amount mentioned in schedule 1, column 4 of the item applying to the offence or, if there is more than 1 amount mentioned in the column, the amount applying to the corporation.

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

8. 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 Nature Conservation 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.

9. 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 Nature Conservation Act 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.

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 Nature Conservation Act 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.

11. Authorised people for infringement notice offences

    A conservation officer may serve—

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

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

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

Schedule 1Nature Conservation Act infringement notice offences and penalties

(see s 7 and s 8)

column 1 item	column 2 offence provision and, if relevant, case	column 3 offence penalty (penalty units)	column 4 infringement penalty ($)
1	section 44 (1)—
1.1	·    if the animal has special protection status	100	500
1.2	·    in any other case	50	250
2	section 45 (1)—
2.1	·    if the animal has special protection status	100	500
2.2	·    in any other case	50	250
3	section 46 (1)—
3.1	·    if the animal has special protection status	100	500
3.2	·    in any other case	50	250
4	section 47—
4.1	·    if the animal has special protection status	100	500
4.2	·    in any other case	50	250
5	section 48—
5.1	·    if the animal has special protection status	100	500
5.2	·    in any other case	50	250
6	section 49 (1) (a)—
6.1	·    if the animal has special protection status	100	500
6.2	·    in any other case	50	250
7	section 49 (1) (b)—
7.1	·    if the animal has special protection status	100	500
7.2	·    in any other case	50	250
8	section 49 (2) (a)	50	100
9	section 49 (2) (b)	50	100
10	section 49 (3)	50	75
9	section 51 (1) (a)—
9.1	·    if the plant has special protection status	100	500
9.2	·    if the plant does not have special protection status but the person intended to sell it	50	250
9.3	·    in any other case	50	150
10	section 51 (1) (b)—
10.1	·    if the plant has special protection status	100	500
10.2	·    if the plant does not have special protection status but the person intended to sell it	50	250
10.3	·    in any other case	50	150
11	section 51 (1) (c)—
11.1	·    if the plant has special protection status	100	500
11.2	·    if the plant does not have special protection status but the person intended to sell it	50	250
11.3	·    in any other case	50	150
12	section 52 (1) (a)	50	500
13	section 52 (1) (b)	50	500
14	section 53 (1) (a)—
14.1	·    if the plant has special protection status	100	500
14.2	·    in any other case	50	250
15	section 53 (1) (b)—
15.1	·    if the plant has special protection status	100	500
15.2	·    in any other case	50	250
16	section 54 (1)—
16.1	·    if the plant has special protection status	50	250
16.2	·    in any other case	25	150
17	section 63 (3)	50	100
18	section 65 (2)	10	75
19	section 66 (1)	10	75
20	section 66 (2) (a)	50	75
21	section 66 (2) (b)	50	75
22	section 66 (2) (c)	50	75
23	section 67 (1) (a)	30	75
24	section 67 (1) (b)	30	75
25	section 67 (1) (c)	30	75
26	section 67 (1) (d)	30	75
27	section 67 (1) (e)	30	75
28	section 67 (1) (f)	30	75
29	section 67 (1) (g)	30	75
30	section 67 (2) (b)	50	150
31	section 67 (2) (c)	50	150
32	section 67 (2) (d)	50	150
33	section 67 (3) (a)	50	150
34	section 67 (3) (b)	50	150
35	section 68 (1) (a)	5	75
36	section 68 (1) (b)	5	75
37	section 70 (a)	50	100
38	section 70 (b)	50	100
39	section 70 (c)	50	100
40	section 111—
40.1	·    if the licence relates to an animal with special protection status	10	200
40.2	·    in any other case	5	100
41	section 112 (3)—
41.1	·    if the animal or fish kept, or plant sold or exported, as the case requires, has special protection status	20	400
41.2	·    in any other case	10	200
42	section 113	50	250

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:

·     conservator of flora and fauna

·     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

·     reminder notice.

conservation officer—see the Nature Conservation Act, dictionary.

Nature Conservation Act means the Nature Conservation Act 1980.

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 (Nature Conservation Infringement Notices) Regulation 2005 SL2005-33

   notified LR 10 November 2005
   s 1, s 2 commenced 10 November 2005 (LA s 75 (1))
   remainder commenced 12 November 2005 (s 2 and see Statute Law Amendment Act 2005 A2005-20, s 2 (2) and LA s 79)

   as amended by

   Justice and Community Safety Legislation Amendment Act 2008 A2008-7 sch 1 pt 1.15

   notified LR 16 April 2008
   s 1, s 2 commenced 16 April 2008 (LA s 75 (1))

   sch 1 pt 1.15 commenced 7 May 2008 (s 2)

   as repealed by

   Nature Conservation Act 2014 A2014‑59 s 372

   notified LR 11 December 2014
   s 1, s 2 commenced 11 December 2014 (LA s 75 (1))
   s 372 commenced 11 June 2015 (s 2 (1) and LA s 79)

2. Amendment history

   Commencement

   s 2om LA s 89 (4)

   Expiry of regulation

   s 13om A2008‑7 amdt 1.65

3. 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 12 Nov 2005	12 Nov 2005– 6 May 2008	not amended	new regulation
R2 7 May 2008	7 May 2008– 10 June 2015	A2008‑7	amendments by A2008‑7