Magistrates Court (Public Health (COVID-19) Infringement Notices) Regulation 2020 (ACT)

Magistrates Court (Public Health (COVID-19) Infringement Notices) Regulation 2020 (repealed)   

SL2020-12

made under the

Magistrates Court Act 1930

Republication No 7

Effective:  1 March 2024

Republication date: 1 March 2024

Regulation expired 29 February 2024 (see endnote 3)

About this republication

The republished law

This is a republication of the Magistrates Court (Public Health (COVID-19) Infringement Notices) Regulation 2020 (repealed), made under the Magistrates Court Act 1930, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).It also includes any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 1 March 2024. 

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 (Public Health (COVID-19) Infringement Notices) Regulation 2020 (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  3

8            Infringement notice penalties  3

9            Contents of infringement notices—identifying authorised person            3

10          Contents of infringement notices—other information  4

11          Contents of reminder notices—identifying authorised person                4

12          Authorised people for infringement notice offences  5

13          Expiry—regulation  5

Dictionary6

Endnotes

1            About the endnotes  7

2            Abbreviation key  7

3            Legislation history  8

4            Amendment history  9

5            Earlier republications  10

Magistrates Court (Public Health (COVID-19) Infringement Notices) Regulation 2020 (repealed)

made under the

Magistrates Court Act 1930

1. Name of regulation

   This regulation is the Magistrates Court (Public Health (COVID‑19) Infringement Notices) Regulation 2020.

2. 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)).

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. 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 Public Health Act 1997.

   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 Public Health Act 1997 is the director-general for that Act.

6. Infringement notice offences

   The Magistrates Court Act 1930, part 3.8 applies to an offence against the Public Health Act 1997, section 118ZQ (1) or section 120B (1), but only if the offence is committed by—

   (a)for an offence for failing to comply with a face mask direction—a person who is 16 years old or older; or

   (b)in any other case—a person who is 18 years old or older.

7. Infringement notice penalties

   (1)The penalty payable for an offence against the Public Health Act 1997, section 118ZQ (1) or section 120B (1), under an infringement notice for an offence, is—

   (a)for an offence for failing to comply with a face mask direction—

   (i)for an individual—$200; and

   (ii)for a corporation—$1 000; or

   (b)in any other case—

   (i)for an individual—$1 000; and

   (ii)for a corporation—$5 000.

   (2)The cost of serving a reminder notice for an infringement notice offence against the Public Health Act 1997 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 Public Health Act 1997 must identify the authorised person by—

   (a)for an authorised person who is a police officer—the person’s police officer service number; or

   (b)for any other authorised person—

   (i)the authorised person’s full name, or surname and initials; or

   (ii)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 Public Health Act 1997 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 Public Health Act 1997 must identify the authorised person by—

    (a)for an authorised person who is a police officer—the person’s police officer service number; or

    (b)for any other authorised person—

    (i)the authorised person’s full name, or surname and initials; or

    (ii)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 Public Health Act 1997;

    (b)a reminder notice for an infringement notice offence against the Public Health Act 1997.

12. Expiry—regulation

    (1)This regulation expires on the later of the following:

    (a)at the end of a 12-month period during which no COVID‑19 emergency has been in force;

    (b)if a COVID-19 management declaration has been made before the end of the period mentioned in paragraph (a)—at the end of a 12-month period during which no COVID-19 management declaration or extension has been in force.

    (2)In this section:

    COVID-19 emergency means—

    (a)a state of emergency declared under the Emergencies Act 2004, section 156 because of the coronavirus disease 2019 (COVID‑19); or

    (b)an emergency declared under the Public Health Act 1997, section 119 (including any extension or further extension) because of the coronavirus disease 2019 (COVID-19).

    COVID-19 management declaration means a declaration made under the Public Health Act 1997, section 118O (1).

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

·     director-general (see s 163)

·     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

·     infringement notice

·     infringement notice offence

·     infringement notice penalty

·     reminder notice.

authorised person means—

(a)a public health officer authorised to exercise a function under the Public Health Act 1997, section 121; or

(b)a person authorised under the Public Health Act 1997, section 121 (2); or

(c)a police officer.

face mask direction means a direction—

(a)to wear or carry a face mask; or

(b)that otherwise relates to wearing or carrying a face mask.

Example—par (b)

a direction that a person who owns a business ensure their workers wear or carry a face mask

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 (Public Health (COVID-19) Infringement Notices) Regulation 2020 SL2020-12

   notified LR 2 April 2020
   s 1, s 2 commenced 2 April 2020 (LA s 75 (1))
   remainder commenced 3 April 2020 (s 2)

   NoteRegulation exp 29 February 2024 (s 13 (1) (b)).

   as amended by

   Magistrates Court (Public Health (COVID-19) Infringement Notices) Amendment Regulation 2021 (No 1) SL2021-6

   notified LR 1 April 2021
   s 1, s 2 commenced 1 April 2021 (LA s 75 (1))
   remainder commenced 2 April 2021 (s 2)

   Magistrates Court (Public Health (COVID-19) Infringement Notices) Amendment Regulation 2021 (No 2) SL2021-17

   notified LR 5 July 2021
   s 1, s 2 commenced 5 July 2021 (LA s 75 (1))
   remainder commenced 6 July 2021 (s 2)

   Public Health Amendment Act 2021 A2021‑31 sch 1

   notified LR 10 December 2021
   s 1, s 2 commenced 10 December 2021 (LA s 75 (1))

   sch 1 commenced 11 December 2021 (s 2)

   Public Health Amendment Act 2022 A2022‑9 sch 1 pt 1.2

   notified LR 17 June 2022
   s 1, s 2 commenced 17 June 2022 (LA s 75 (1))

   sch 1 pt 1.2 commenced 24 June 2022 (s 2 (1))

2. Amendment history

   Commencement

   s 2om LA s 89 (4)

   Infringement notice offences

   s 7am SL2021‑17 s 4

   sub A2021‑31 amdt 1.1

   am A2022‑9 amdt 1.6

   Infringement notice penalties

   s 8am SL2021‑17 s 5; A2021‑31 amdt 1.2; A2022‑9 amdt 1.7

   Expiry—regulation

   s 13sub SL2021‑6 s 4

   am A2022‑9 amdt 1.8, amdt 1.9

   Dictionary

   dictdef face mask direction ins SL2021‑17 s 6

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 3 Apr 2020	3 Apr 2020– 29 Apr 2020	not amended	new regulation
R2 30 Apr 2020	30 Apr 2020– 1 Apr 2021	not amended	includes editorial amendments under Legislation Act
R3 2 April 2021	2 April 2021– 5 July 2021	SL2021‑6	amendments by SL2021‑6
R4 6 July 2021	6 July 2021– 10 Dec 2021	SL2021‑17	amendments by SL2021‑17
R5 11 Dec 2021	11 Dec 2021– 23 June 2022	A2021‑31	amendments by A2021‑31
R6 24 June 2022	24 June 2022– 29 Feb 2024	A2022‑9	amendments by A2022‑9