Magistrates Court (Occupational Health and Safety Infringement Notices) Regulation 2004 (ACT)

Magistrates Court (Occupational Health and Safety Infringement Notices) Regulation 2004   

SL2004-32

made under the

Magistrates Court Act 1930

Republication No 6

Effective:  1 July 2011

Republication date: 1 July 2011

Last amendment made by A2011‑22

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Magistrates Court (Occupational Health and Safety 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 1 July 2011.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2011. 

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 $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Magistrates Court (Occupational Health and Safety Infringement Notices) Regulation 2004

made under the

Magistrates Court Act 1930

Contents

Page

1            Name of regulation  2

3            Purpose of regulation  2

4            Notes  2

5            Meaning of occupational health and safety legislation  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 Occupational health and safety legislation infringement notice offences and penalties  5

Part 1.1    Occupational Health and Safety Act 1989  5

Part 1.2    Occupational Health and Safety (General) Regulation 2007 7

Part 1.3    Occupational Health and Safety (Certification of Plant Users and Operators) Regulation 2000  8

Endnotes

1            About the endnotes  9

2            Abbreviation key  9

3            Legislation history  10

4            Amendment history  11

5            Earlier republications  12

Magistrates Court (Occupational Health and Safety Infringement Notices) Regulation 2004

made under the

Magistrates Court Act 1930

1. Name of regulation

   This regulation is the Magistrates Court (Occupational Health and Safety Infringement Notices) Regulation 2004.

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 occupational health and safety legislation.

   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. 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. Meaning of occupational health and safety legislation

   In this regulation:

   occupational health and safety legislation means—

   (a)the Occupational Health and Safety Act 1989; and

   (b)the Occupational Health and Safety (General) Regulation 2007; and

   (c)the Occupational Health and Safety (Certification of Plant Users and Operators) Regulation 2000.

5. Administering authority

   The administering authority for an infringement notice offence against the occupational health and safety legislation is the director‑general for the Occupational Health and Safety Act 1989.

6. Infringement notice offences

   The Magistrates Court Act 1930, part 3.8 applies to an offence against a provision of the occupational health and safety legislation mentioned in schedule 1, column 2.

7. Infringement notice penalties

   (1)The penalty payable by an individual for an offence against the occupational health and safety legislation, 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 occupational health and safety legislation, 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 occupational health and safety legislation 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 occupational health and safety legislation 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 occupational health and safety legislation 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 occupational health and safety legislation 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

    An inspector under the Occupational Health and Safety Act 1989, section 201 may serve—

    (a)an infringement notice for an infringement notice offence against the occupational health and safety legislation; and

    (b)a reminder notice for an infringement notice offence against the occupational health and safety legislation.

Schedule 1Occupational health and safety legislation infringement notice offences and penalties

(see s 7 and s 8)

Part 1.1Occupational Health and Safety Act 1989

column 1 item	column 2 offence provision	column 3 offence penalty (penalty unit)	column 4 infringement penalty ($)
1	47 (1)	100	1 000
2	53 (2)	10	100
3	54 (7)	1	100
4	56 (7)	1	100
5	57 (6)	1	100
6	58 (2)	1	100
7	61 (1)	50	200
8	61 (2)	50	200
9	61 (3)	10	100
10	67 (8)	1	100
11	67 (9)	10	100
12	68 (2)	10	100
13	69	100	400
14	75 (3)	10	200
15	75 (4)	10	200
16	75 (6)	5	100
17	75 (7)	5	100
18	87 (1)	10	100
19	87 (4)	10	100
20	103 (3)	10	200
21	104 (4)	5	100
22	143 (2)	20	400
23	143 (3)	20	400
24	144 (1)	20	400
25	150 (2)	20	400
26	150 (3)	20	400
27	151 (1)	20	400
28	153 (1)	100	400
29	159 (2)	20	100
30	159 (3)	20	400
31	160 (1)	20	400
32	165 (1)	200	400
33	202 (3)	1	20
34	205 (2)	10	100

Part 1.2Occupational Health and Safety (General) Regulation 2007

column 1 item	column 2 offence provision	column 3 offence penalty (penalty unit)	column 4 infringement penalty ($)
1	21 (1)	10	200
2	27 (2)	10	200
3	28 (2) and (3)	10	200
4	31 (2) and (5)	10	200
5	36 (1), (2) and (3)	10	200
6	50 (3) and (4)	10	200
7	59 (2)	10	200
8	60 (4) and (5)	10	200
9	61 (3)	10	200
10	65 (4)	10	200
11	66 (2)	10	200
12	70 (2)	10	200
13	71 (3)	10	200
14	73 (2)	10	200
15	75 (2)	10	200
16	79 (2)	10	200
17	85 (2)	10	200
18	86 (1)	10	200
19	87 (2)	10	200
20	89 (4)	10	200

Part 1.3Occupational Health and Safety (Certification of Plant Users and Operators) Regulation 2000

column 1 item	column 2 offence provision	column 3 offence penalty (penalty unit)	column 4 infringement penalty ($)
1	12 (3)	5	100
2	17 (2)	5	100
3	18 (1)	5	100
4	21 (3)	5	100
5	25 (1)	10	200
6	27 (9)	5	100
7	33	5	100
8	34 (3)	5	100

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 and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

   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 (Occupational Health and Safety Infringement Notices) Regulations 2004.  It was renamed under the Legislation Act 2001.

   Magistrates Court (Occupational Health and Safety Infringement Notices) Regulation 2004 SL2004-32

   notified LR 4 August 2004
   s 1, s 2 commenced 4 August 2004 (LA s 75 (1))

   remainder commenced 5 August 2004 (s 2 and see Occupational Health and Safety Amendment Act 2004 A2004-29 s 2 (1))

   as amended by

   Occupational Health and Safety (Regulatory Services) Legislation Amendment Act 2007 A2007-37 sch 2 pt 2.2

   notified LR 22 November 2007
   s 1, s 2 commenced 22 November 2007 (LA s 75 (1))
   sch 2 pt 2.2 commenced 23 November 2007 (s 2)

   Magistrates Court (Occupational Health and Safety Infringement Notices) Amendment Regulation 2008 (No 1) SL2008-9

   notified LR 31 March 2008
   s 1, s 2 commenced 31 March 2008 (LA s 75 (1))

   remainder commenced 26 May 2008 (s 2 and see Occupational Health and Safety (General) Regulation 2007 SL2007-36 s 2)

   Occupational Health and Safety (General) Amendment Regulation 2008 (No 1) SL2008-51 s 10, s 11

   notified LR 22 December 2008
   s 1, s 2 commenced 22 December 2008 (LA s 75 (1))
   s 10, s 11 commenced 23 December 2008 (s 2)

   Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.105

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

   sch 1 pt 1.105 commenced 1 July 2011 (s 2 (1))

2. Amendment history

   Name of regulation

   s 1am R2 LA

   Commencement

   s 2om LA s 89 (4)

   Purpose of regulation

   s 3am R3 LA (see also SL2008‑9 s 4, s 5)

   Meaning of occupational health and safety legislation

   s 5am SL2008‑9 s 6

   Administering authority

   s 6am A2007‑37 amdt 2.4; A2011‑22 amdt 1.319

   Infringement notice offences

   s 7am R3 LA (see also SL2008‑9 s 7)

   Authorised people for infringement notice offences

   s 12am A2007‑37 amdt 2.5

   Magistrates Court (Dangerous Substances Infringement Notices) Regulation 2004, regulation 10 (a) and 11 (a)

   s 13om LA s 89 (3)

   Occupational Health and Safety (General) Regulation 2007

   sch 1 pt 1.2sub SL2008‑9 s 8

   am SL2008‑51 s 10, s 11

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 5 Aug 2004	5 Aug 2004– 1 Nov 2004	not amended	new regulation
R2 2 Nov 2004	2 Nov 2004– 22 Nov 2007	not amended	includes editorial amendments under Legislation Act
R3 23 Nov 2007	23 Nov 2007– 25 May 2008	A2007‑37	amendments by A2007‑37
R4 26 May 2008	26 May 2008– 22 Dec 2008	SL2008‑9	amendments by SL2008‑9
R5 23 Dec 2008	23 Dec 2008– 30 June 2011	SL2008‑51	amendments by SL2008‑51