Magistrates Court (Public Unleased Land Infringement Notices) Regulation 2013 (ACT)

Magistrates Court (Public Unleased Land Infringement Notices) Regulation 2013   

SL2013-17

made under the

Magistrates Court Act 1930

Republication No 3

Effective:  29 November 2023

Republication date: 29 November 2023

Last amendment made by SL2023‑31

About this republication

The republished law

This is a republication of the Magistrates Court (Public Unleased Land Infringement Notices) Regulation 2013, 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 29 November 2023.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 29 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 includes 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 Unleased Land Infringement Notices) Regulation 2013

made under the

Magistrates Court Act 1930

Contents

Page

1            Name of regulation  2

3            Dictionary  2

4            Notes  2

5            Purpose of regulation  3

6            Administering authority  3

7           Infringement notice offences  3

8            Infringement notice penalties  3

9            Contents of infringement notices—identifying authorised person            4

10          Contents of infringement notices—other information  4

11          Contents of reminder notices—identifying authorised person                4

12          Authorised people for infringement notice offences  4

Schedule 1Public Unleased Land Act 2013 infringement notice offences and penalties 6

Dictionary8

Endnotes

1            About the endnotes  9

2            Abbreviation key  9

3            Legislation history  10

4            Amendment history  10

5            Earlier republications  11

Magistrates Court (Public Unleased Land Infringement Notices) Regulation 2013

made under the

Magistrates Court Act 1930

1. Name of regulation

   This regulation is the Magistrates Court (Public Unleased Land Infringement Notices) Regulation 2013.

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.

1. 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 Unleased Land Act 2013.

   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.

2. Administering authority

   The following entities are administering authorities for an infringement notice offence against the Public Unleased Land Act 2013:

   (a)the director-general for that Act;

   (b)the commissioner for fair trading.

3. Infringement notice offences

   The Magistrates Court Act 1930, part 3.8 applies to an offence against a provision of the Public Unleased Land Act 2013 mentioned in schedule 1, column 2.

4. Infringement notice penalties

   (1)The penalty payable by an individual for an offence against the Public Unleased Land Act 2013, 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 Public Unleased Land Act 2013, 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 Public Unleased Land Act 2013 is $34.

5. 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 Unleased Land Act 2013 must identify the authorised person by the authorised person’s identity card.

6. 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 Unleased Land Act 2013 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.

7. 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 Unleased Land Act 2013 must identify the authorised person by the authorised person’s identity card.

8. Authorised people for infringement notice offences

   (1)A person appointed under the Public Unleased Land Act 2013, section 89 may serve the following:

   (a)an infringement notice for an infringement notice offence against the Public Unleased Land Act 2013;

   (b)a reminder notice for an infringement notice offence against the Public Unleased Land Act 2013.

   (2)A person appointed as an investigator under the Fair Trading (Australian Consumer Law) Act 1992, section 36 (1) (Investigators) may serve a notice mentioned in subsection (1) if—

   (a)the infringement notice offence is in relation to an outdoor eating or drinking place; or

   (b)the infringement notice offence—

   (i)is an offence under the Public Unleased Land Act 2013, section 43 (Offence—use public unleased land without permit) or section 44 (Offence—fail to comply with condition of permit); and

   (ii)relates to parking a vehicle on public unleased land.

   (3)In this section:

   outdoor eating or drinking place—see the Smoke-Free Public Places Act 2003, section 9A (Meaning of outdoor eating or drinking place).

Schedule 1Public Unleased Land Act 2013 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	13 (1)	10	220
2	16 (1)	5	110
3	20 (1)	10	220
4	22 (1)	20	440
5	26 (1)	10	220
6	28 (1) (b) (ii) ·    insurance-related ·    other	50 10	1 100 220
7	28 (2)	20	440
8	32 (1)	5	110
9	35 (1)	50	1 100
10	43 (1)	20	440
11	44 (1) ·    not financial assurance condition ·    financial assurance condition	20 30	440 660
12	77 (1)	1	22
13	84 (1)	10	220
14	90 (4)	1	22
15	95 (1)	10	220
16	97 (1)	5	110
17	99 (1)	10	220
18	101 (1)	20	440
19	104 (1)	30	660

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:

·     commissioner for fair trading

·     director-general (see s 163).

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.

identity card means an identity card issued under the Public Unleased Land Act 2013, section 90 (Identity cards).

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 Unleased Land Infringement Notices) Regulation 2013 SL2013-17

   notified LR 27 June 2013
   s 1, s 2 commenced 27 June 2013 (LA s 75 (1))
   remainder commenced 1 July 2013 (s 2 and see Public Unleased Land Act 2013 A2013-3, s 2 and CN2013-9)

   as amended by

   Statute Law Amendment Act 2015 A2015‑15 sch 3 pt 3.33

   notified LR 27 May 2015
   s 1, s 2 commenced 27 May 2015 (LA s 75 (1))

   sch 3 pt 3.33 commenced 10 June 2015 (s 2)

   Magistrates Court (Public Unleased Land Infringement Notices) Amendment Regulation 2023 (No 1) SL2023-31

   notified LR 28 November 2023
   s 1, s 2 commenced 28 November 2023 (LA s 75 (1))

   remainder commenced 29 November 2023 (s 2 and see Electoral and Road Safety Legislation Amendment Act 2023 A2023-43 s 2 (1))

2. Amendment history

   Commencement

   s 2om LA s 89 (4)

   Authorised people for infringement notice offences

   s 12am A2015‑15 amdt 3.121, amdt 3.122

   Public Unleased Land Act 2013 infringement notice offences and penalties

   sch 1am SL2023‑31 s 4; items renum R3 LA

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 2013	1 July 2013– 9 June 2015	not amended	new regulation
R2 10 June 2015	10 June 2015– 28 Nov 2023	A2015‑15	amendments by A2015‑15