Magistrates Court (Smoke-Free Public Places Infringement Notices) Regulation 2010 (ACT)

Magistrates Court (Smoke-Free Public Places Infringement Notices) Regulation 2010   

SL2010-50

made under the

Magistrates Court Act 1930

Republication No 5

Effective:  18 March 2016

Republication date: 18 March 2016

Last amendment made by A2016‑17

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Magistrates Court (Smoke-Free Public Places Infringement Notices) Regulation 2010, 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 18 March 2016.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 18 March 2016. 

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

Magistrates Court (Smoke-Free Public Places Infringement Notices) Regulation 2010

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  4

Schedule 1 Smoke-Free Act infringement notice offences and penalties         5

Dictionary6

Endnotes

1            About the endnotes  7

2            Abbreviation key  7

3            Legislation history  8

4            Amendment history  9

5            Earlier republications  9

Magistrates Court (Smoke-Free Public Places Infringement Notices) Regulation 2010

made under the

Magistrates Court Act 1930

1. Name of regulation

   This regulation is the Magistrates Court (Smoke-Free Public Places Infringement Notices) Regulation 2010.

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 Smoke-Free 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.

5. Administering authority

   The administering authority for an infringement notice offence against the Smoke-Free Act is the director‑general for that Act.

6. Infringement notice offences

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

7. Infringement notice penalties

   (1)The penalty payable by an individual for an offence against the Smoke-Free Act, 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 Smoke-Free Act, 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 Smoke-Free Act 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 Smoke-Free Act must identify the authorised person by—

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

   (b)for any other authorised person—

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

   (ii)any unique number given, for this regulation, to the 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 Smoke-Free 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.

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 Smoke-Free Act must identify the authorised person by—

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

    (b)for any other authorised person—

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

    (ii)any unique number given, for this regulation, to the person by the administering authority.

11. Authorised people for infringement notice offences

    An inspector may serve the following:

    (a)an infringement notice for an infringement notice offence against the Smoke-Free Act;

    (b)a reminder notice for an infringement notice offence against the Smoke-Free Act.

Schedule 1Smoke-Free Act 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	6 (1)	5	110
2	7 (1)	20	440
3	8 (1)	10	220
4	9B (1)	5	110
5	9C (1)	20	440
6	9D (1)	10	220
7	9E (1)	20	440
8	9E (2)	20	440
9	9F (8)	50	1 000
10	9G (1)	50	1 000
11	9H (1)	50	1 000
12	9J (3)	50	1 000
13	9Q (5)	50	1000
14	9R (1)	50	1000
15	9S (2)	50	1000
16	9T (1)	5	110
17	9U (1)	20	440
18	9V (2)	5	110
19	18 (4)	10	220

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

·     police officer.

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.

inspector means an inspector under the Smoke-Free Act, section 10 (Inspectors).

Smoke-Free Act means the Smoke-Free Public Places Act 2003.

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 (Smoke-Free Public Places Infringement Notices) Regulation 2010 SL2010-50

   notified LR 7 December 2010
   s 1, s 2 commenced 7 December 2010 (LA s 75 (1))
   remainder commenced 9 December 2010 (s 2)

   as amended by

   Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.108

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

   sch 1 pt 1.108 commenced 1 July 2011 (s 2 (1))

   Statute Law Amendment Act 2013 A2013-19 sch 3 pt 3.29

   notified LR 24 May 2013
   s 1, s 2 commenced 24 May 2013 (LA s 75 (1))

   sch 3 pt 3.29 commenced 14 June 2013 (s 2)

   Statute Law Amendment Act 2015 A2015‑15 sch 3 pt 3.37

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

   sch 3 pt 3.37 commenced 10 June 2015 (s 2)

   Smoke-Free Public Places Amendment Act 2016 A2016‑17 s 10

   notified LR 17 March 2016
   s 1, s 2 commenced 17 March 2016 (LA s 75 (1))

   s 10 commenced 18 March 2016 (s 2)

2. Amendment history

   Commencement

   s 2om LA s 89 (4)

   Administering authority

   s 6am A2011‑22 amdt 1.322, A2013‑19 amdt 3.210

   Authorised people for infringement notice offences

   s 12am A2015‑15 amdt 3.129, amdt 3.130

   Smoke-Free Act infringement notice offences and penalties

   sch 1am A2016‑17 s10; items renum R5 LA

   Dictionary

   dictam A2011‑22 amdt 1.323, amdt 1.324

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 9 Dec 2010	9 Dec 2010– 30 June 2011	not amended	new regulation
R2 1 July 2011	1 July 2011– 13 June 2013	A2011‑22	amendments by A2011‑22
R3 14 June 2013	14 June 2013– 9 June 2015	A2013‑19	amendments by A2013‑19
R4 10 June 2015	10 June 2015– 17 Mar 2016	A2015‑15	amendments by A2015‑15