Magistrates Court (Trade Measurement Infringement Notices) Regulation 2002 (ACT)

Magistrates Court (Trade Measurement Infringement Notices) Regulation 2002 (repealed)   

SL2002-36

made under the

Magistrates Court Act 1930

Republication No 5

Effective:  2 July 2010

Republication date: 2 July 2010

As repealed by A2010-13 s 4

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Magistrates Court (Trade Measurement Infringement Notices) Regulation 2002 (repealed), made under the Magistrates Court Act 1930 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)).It also includes any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 the republished law to 2 July 2010. 

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 or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.

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 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 (Trade Measurement Infringement Notices) Regulation 2002 (repealed)

made under the

Magistrates Court Act 1930

Contents

Page

1. Name of regulation  2

2. Purpose of regulation  2

3. Notes  2

4. Meaning of trade measurement legislation  2

5. Administering authority  3

6. Infringement notice offences  3

7. Infringement notice penalties  3

8. Identifying particulars for person served  3

9. Contents of infringement notices—identifying authorised person            4

10. Contents of reminder notices—identifying authorised person                4

11. Authorised people for infringement notice offences  4

Schedule 1Trade measurement legislation infringement notice offences and penalties  5

Part 1.1Trade Measurement Act 1991  5

Part 1.2Trade Measurement (Measuring Instruments) Regulation 1991 6

Part 1.3Trade Measurement (Miscellaneous) Regulation 1991         6

Part 1.4Trade Measurement (Weighbridges) Regulation 1991          7

Endnotes

1. About the endnotes  8

2. Abbreviation key  8

3. Legislation history  9

4. Amendment history  9

5. Earlier republications  10

Magistrates Court (Trade Measurement Infringement Notices) Regulation 2002 (repealed)

made under the

Magistrates Court Act 1930

1. Name of regulation

   This regulation is the Magistrates Court (Trade Measurement Infringement Notices) Regulation 2002.

2. Purpose of regulation

   The purpose of this regulation is to create a system of infringement notices under the Magistrates Court Act 1930, part 3.8 for certain offences against the trade measurement 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 trade measurement legislation

   In this regulation:

   trade measurement legislation means—

   (a)the Trade Measurement Act 1991; and

   (b)the Trade Measurement (Measuring Instruments) Regulation 1991; and

   (c)the Trade Measurement (Miscellaneous) Regulation 1991; and

   (d)the Trade Measurement (Weighbridges) Regulation 1991.

5. Administering authority

   The administering authority for an infringement notice offence against the trade measurement legislation is the commissioner for fair trading.

6. Infringement notice offences

   The Act, part 3.8 applies to an offence against a provision of the trade measurement legislation mentioned in schedule 1, column 2.

7. Infringement notice penalties

   (1)The penalty payable by an individual for an offence against the trade measurement 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 trade measurement 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 trade measurement legislation is $34.

8. Identifying particulars for person served

   An infringement notice served on a person by an authorised person for an infringement notice offence against the trade measurement legislation must identify the person as follows:

   (a)if the person is a company registered under the Corporations Act—by the company’s ACN;

   (b)if the person is a business with a business name registered under the Business Names Act 1963—by the registered business name.

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 trade measurement 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 trade measurement 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 Trade Measurement (Administration) Act 1991, section 7 may serve—

    (a)an infringement notice for an infringement notice offence against the trade measurement legislation; and

    (b)a reminder notice for an infringement notice offence against the trade measurement legislation.

Schedule 1Trade measurement legislation infringement notice offences and penalties

(see s 7 and s 8)

Part 1.1Trade Measurement Act 1991

column 1 item	column 2 offence provision and, if relevant, case	column 3 offence penalty (penalty units)	column 4 infringement penalty ($)
1	7 (1)
1.1	(a)     if measuring instrument is a weighbridge	100	500
1.2	(b)     in any other case	50	500
2	7 (2)	100	500
3	8 (1)	200	200
4	8 (2)	200	200
5	28 (1)	100	250
6	28 (2)	100	250

Part 1.2Trade Measurement (Measuring Instruments) Regulation 1991

column 1 item	column 2 offence provision and, if relevant, case	column 3 offence penalty (penalty units)	column 4 infringement penalty ($)
1	22 (1) (e)	20	100
2	22 (1) (f)	20	100
3	22 (3) (a)	20	100
4	22 (3) (b)	20	100
5	22 (3) (c)	20	100
6	22 (3) (d)	20	100
7	23 (a)	20	100
8	23 (b)	20	100

Part 1.3Trade Measurement (Miscellaneous) Regulation 1991

column 1 item	column 2 offence provision and, if relevant, case	column 3 offence penalty (penalty units)	column 4 infringement penalty ($)
1	4 (2)	20	100

Part 1.4Trade Measurement (Weighbridges) Regulation 1991

column 1 item	column 2 offence provision and, if relevant, case	column 3 offence penalty (penalty units)	column 4 infringement penalty ($)
1	19	2	50
2	25 (a)	20	100
3	25 (c)	20	100
4	25 (d)	20	100
5	25 (e)	20	100
6	29	20	250
7	30 (1)	20	250

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

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

1. Legislation history

   This regulation was originally the Magistrates Court (Trade Measurement Infringement Notices) Regulations 2002.  It was renamed under the Legislation Act 2001.

   Magistrates Court (Trade Measurement Infringement Notices) Regulation 2002 SL2002-36

   notified LR 12 December 2002
   s 1, s 2 commenced 12 December 2002 (LA s 75 (1))

   remainder commenced 13 December 2002 (s 2)

   as amended by

   Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.48

   notified LR 2 September 2004
   s 1. s 2 commenced 2 September 2004 (LA s 75 (1))

   
   

   sch 1 pt 1.48 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29)

   Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.39

   notified LR 12 May 2005
   s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))

   sch 3 pt 3.39 commenced 2 June 2005 (s 2 (1))

   as repealed by

   Justice and Community Safety Legislation Amendment Act 2010 A2010-13 s 4

   notified LR 31 March 2010
   s 1, s 2 commenced 31 March 2010 (LA s 75 (1))

   s 4 commenced 1 July 2010 (s 2 (3) (a))

2. Amendment history

   Name of regulation

   s 1am R2 LA

   Commencement

   s 2om LA s 89 (4)

   Purpose of regulation

   s 3am A2004-60 amdt 1.435, amdt 1.436

   Infringement notice offences

   s 7am A2004-60 amdt 1.437

   Contents of infringement notices—identifying authorised person

   s 10sub A2005-20 amdt 3.315

   Contents of reminder notices—identifying authorised person

   s 11sub A2005-20 amdt 3.315

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 13 Dec 2002	13 Dec 2002– 31 Oct 2004	not amended	new regulation
R2 1 Nov 2004	1 Nov 2004– 9 Jan 2005	A2004-60	editorial amendments under Legislation Act
R3 10 Jan 2005	10 Jan 2005– 1 June 2005	A2004-60	amendments by A2004-60
R4 2 June 2005	2 June 2005– 1 July 2010	A2005-20	amendments by A2005-20