Magistrates Court (Plastic Reduction Infringement Notices) Regulation 2021 (ACT)

Case

Magistrates Court (Plastic Reduction Infringement Notices) Regulation 2021 (repealed)   

SL2021-12

made under the

Magistrates Court Act 1930

Republication No 2

Effective:  9 November 2023

Republication date: 9 November 2023

As repealed by A2023‑39 s 57 (1)

About this republication

The republished law

This is a republication of the Magistrates Court (Plastic Reduction Infringement Notices) Regulation 2021 (repealed), made under the Magistrates Court Act 1930, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).It also includes any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 9 November 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 (Plastic Reduction Infringement Notices) Regulation 2021 (repealed)

    made under the

    Magistrates Court Act 1930

    Contents

    Page

    1            Name of regulation  2

    3            Dictionary  2

    4            Notes  2

    5            Purpose of regulation  2

    6            Administering authority  2

    7           Infringement notice offences  2

    8            Infringement notice penalties  3

    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                4

    12          Authorised people for infringement notice offences  4

    13          Prescribed person—Act, s 135 (1)  4

    Schedule 1Plastic Reduction Act 2021 infringement notice offences and penalties 5

    Dictionary6

    Endnotes

    1            About the endnotes  7

    2            Abbreviation key  7

    3            Legislation history  8

    4            Amendment history  8

    5            Earlier republications  9

    Magistrates Court (Plastic Reduction Infringement Notices) Regulation 2021 (repealed)

    made under the

    Magistrates Court Act 1930

    1. Name of regulation

      This regulation is the Magistrates Court (Plastic Reduction Infringement Notices) Regulation 2021 (repealed).

    2. Dictionary

      The dictionary at the end of this regulation is part of this regulation.

    3. Notes

      A note included in this regulation is explanatory and is not part of this regulation.

    4. 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 Plastic Reduction Act 2021.

      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.

    5. Administering authority

      The administering authority for an infringement notice offence against the Plastic Reduction Act 2021 is the director-general of the Transport Canberra and City Services Directorate.

    6. Infringement notice offences

      The Magistrates Court Act 1930, part 3.8 applies to an offence against a provision of the Plastic Reduction Act 2021 mentioned in schedule 1, column 2.

    7. Infringement notice penalties

      (1)The penalty payable by an individual for an offence against the Plastic Reduction Act 2021, 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 Plastic Reduction Act 2021, 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 Plastic Reduction Act 2021 is $34.

    8. 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 Plastic Reduction Act 2021 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.

    9. 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 Plastic Reduction Act 2021 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.

    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 Plastic Reduction Act 2021 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 authorised person may serve the following:

      (a)an infringement notice for an infringement notice offence against the Plastic Reduction Act 2021;

      (b)a reminder notice for an infringement notice offence against that Act.

    12. Prescribed person—Act, s 135 (1)

      The waste manager is prescribed.


    Schedule 1Plastic Reduction Act 2021 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 10 (1) 50 300
    2 12 (5) 20 120
    3 16 (1) 50 300
    4 18 (2) 50 300
    5 21 (3) 1 32
    6 32 (1) 5 100

    Dictionary

    (see s 3)

    Note 1The Legislation Act contains definitions relevant to this regulation.  For example:

    ·     commissioner for fair trading

    ·     corporation

    ·     Corporations Act

    ·     individual.

    Note 2Terms used in this regulation have the same meaning that they have in the Magistrates Court Act 1930. For example, the following terms are defined in the Magistrates Court Act 1930, dict:

    ·     administering authority

    ·     infringement notice

    ·     infringement notice offence

    ·     infringement notice penalty

    ·     reminder notice.

    authorised person—see the Plastic Reduction Act 2021, section 19.

    waste manager—see the Waste Management and Resource Recovery Act 2016, dictionary.

    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 (Plastic Reduction Infringement Notices) Regulation 2021 SL2021-12

      notified LR 30 June 2021
      s 1, s 2 commenced 30 June 2021 (LA s 75 (1))
      remainder commenced 1 July 2021 (s 2)

      as repealed by

      Circular Economy Act 2023 A2023-39 s 57

      notified LR 8 November 2023
      s 1, s 2 commenced 8 November 2023 (LA s 75 (1))
      s 57 commenced 9 November 2023 (s 2)

    2. Amendment history

      Commencement

      s 2om LA s 89 (4)

    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
    1 July 2021
    1 July 2021–
    8 Nov 2023
    not amended new regulation
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