Magistrates Court (Waste Management and Resource Recovery Infringement Notices) Regulation 2017 (ACT)
Magistrates Court (Waste Management and Resource Recovery Infringement Notices) Regulation 2017
SL2017-37
made under the
Magistrates Court Act 1930
Republication No 2
Effective: 1 November 2021
Republication date: 1 November 2021
Last amendment made by SL2021‑25
About this republication
The republished law
This is a republication of the Magistrates Court (Waste Management and Resource Recovery Infringement Notices) Regulation 2017, 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 1 November 2021. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 November 2021.
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 (Waste Management and Resource Recovery Infringement Notices) Regulation 2017
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 3
7 Infringement notice offences 3
7A Declared offences—Act, s 117, definition of vehicle‑related offence, par (b) 3
7B Declared Act—known offender declarations—Act, s 131E (1) (b) (iii) 3
8 Infringement notice penalties 4
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 5
12 Authorised people for infringement notice offences 5
Schedule 1 Waste legislation infringement notice offences and penalties 6
Part 1.1 Waste Management and Resource Recovery Act 2016 6
Part 1.2 Waste Management and Resource Recovery Regulation 2017 7
Schedule 2Waste Management and Resource Recovery Regulation 2017 vehicle‑related offences at waste facilities 8
Dictionary9
Endnotes
1 About the endnotes 10
2 Abbreviation key 10
3 Legislation history 11
4 Amendment history 12
5 Earlier republications 12
Magistrates Court (Waste Management and Resource Recovery Infringement Notices) Regulation 2017
made under the
Magistrates Court Act 1930
Name of regulation
This regulation is the Magistrates Court (Waste Management and Resource Recovery Infringement Notices) Regulation 2017.
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, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘authorised person—see the Waste Management and Resource Recovery Act 2016, dictionary.’ means that the term ‘authorised person’ is defined in that dictionary and the definition applies to this regulation.
Note 2A definition in the dictionary (including a signpost definition) 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)).
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.
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 waste 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.
Administering authority
The administering authority for an infringement notice offence against the waste legislation is the waste manager.
Infringement notice offences
The Magistrates Court Act 1930, part 3.8 applies to an offence against a provision of the waste legislation mentioned in schedule 1, column 2.
7ADeclared offences—Act, s 117, definition of vehicle‑related offence, par (b)
An offence against a provision of the waste legislation mentioned in schedule 2, column 2 is declared to be an offence to which the Magistrates Court Act 1930, division 3.8.3 (Additional provisions for vehicle-related offences) applies.
7BDeclared Act—known offender declarations—Act, s 131E (1) (b) (iii)
The Waste Management and Resource Recovery Act 2016 is declared to be an Act to which the Act, section 131E (1) (b) (iii) applies.
NoteThe Act, s 131E (1) (b) (iii) allows the responsible person for a vehicle who has been served with an infringement notice for a vehicle-related offence under a declared Act to make a known offender declaration that the responsible person saw another named person do the act the subject of the offence.
Infringement notice penalties
(1)The penalty payable by an individual for an offence against the waste 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 waste 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 waste legislation is $34.
Contents of infringement notices—identifying authorised person
An infringement notice served on a person by an authorised person for an infringement notice offence against the waste legislation must identify the authorised person by—
(a)the authorised person’s full name, or surname and initials; or
(b)any unique number given, for this regulation, to the authorised person by the administering authority.
Contents of infringement notices—other information
(1)An infringement notice served on a company by an authorised person for an infringement notice offence against the waste legislation must include the company’s ACN.
NoteThe requirement under this section is additional to the requirement under the Magistrates Court Act 1930, s 121 (1) (c).
(2)In this section:
company means a company registered under the Corporations Act.
Contents of reminder notices—identifying authorised person
A reminder notice served on a person by an authorised person for an infringement notice offence against the waste legislation must identify the authorised person by—
(a)the authorised person’s full name, or surname and initials; or
(b)any unique number given, for this regulation, to the authorised person by the administering authority.
Authorised people for infringement notice offences
An authorised person may serve the following:
(a)an infringement notice for an infringement notice offence against the waste legislation;
(b)a reminder notice for an infringement notice offence against the waste legislation.
Schedule 1Waste legislation infringement notice offences and penalties
(see s 7 and s 8)
Part 1.1Waste Management and Resource Recovery Act 2016
| column 1 item | column 2 offence provision | column 3 offence penalty (penalty units) | column 4 infringement penalty ($) |
| 1 | 50 (1) | 10 | 75 |
| 2 | 61 (2) | 50 | 750 |
| 3 | 66 (1) | 50 | 750 |
| 4 | 72 (1) | 50 | 1 500 |
| 5 | 75 (2) | 1 | 30 |
| 6 | 81 (5) | 50 | 1 500 |
| 7 | 83 (1) | 5 | 150 |
| 8 | 108 (1) | 50 | 750 |
Part 1.2Waste Management and Resource Recovery Regulation 2017
| column 1 item | column 2 offence provision | column 3 offence penalty (penalty units) | column 4 infringement penalty ($) |
| 1 | 18 (1) | 5 | 150 |
| 2 | 18 (2) | 5 | 150 |
| 3 | 18 (3) | 5 | 150 |
| 4 | 19 (1) | 10 | 300 |
| 5 | 20 (1) | 10 | 300 |
| 6 | 21 (1) | 10 | 300 |
| 7 | 22 (1) | 10 | 300 |
| 8 | 23 (1) | 10 | 300 |
| 9 | 24AC (1) | 10 | 300 |
| 10 | 24AE (1) | 20 | 600 |
| 11 | 24AE (3) | 5 | 150 |
| 12 | 24AF (1) | 10 | 300 |
| 13 | 24AF (2) (a) | 5 | 150 |
| 14 | 24AF (2) (b) | 5 | 150 |
| 15 | 24AF (2) (c) | 5 | 150 |
| 16 | 24AG (1) | 10 | 300 |
| 17 | 24AH (1) | 10 | 300 |
Schedule 2Waste Management and Resource Recovery Regulation 2017 vehicle‑related offences at waste facilities
(see s 7A)
| column 1 item | column 2 vehicle-related offence provision |
| 1 | 24AC (1) |
| 2 | 24AE (1) |
| 3 | 24AE (3) |
| 4 | 24AF (1) |
| 5 | 24AF (2) (a) |
| 6 | 24AF (2) (b) |
| 7 | 24AF (2) (c) |
| 8 | 24AG (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
· 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
· reminder notice.
authorised person—see the Waste Management and Resource Recovery Act 2016, dictionary.
waste legislation means—
(a)the Waste Management and Resource Recovery Act 2016; and
(b)the Waste Management and Resource Recovery Regulation 2017.
waste manager—see the Waste Management and Resource Recovery Act 2016, dictionary.
Endnotes
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.
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
Legislation history
Magistrates Court (Waste Management and Resource Recovery Infringement Notices) Regulation 2017 SL2017-37
notified LR 7 December 2017
s 1, s 2 commenced 7 December 2017 (LA s 75 (1))
remainder commenced 8 December 2017 (s 2)as amended by
Magistrates Court (Waste Management and Resource Recovery Infringement Notices) Amendment Regulation 2021 (No 1) SL2021-25
notified LR 25 October 2021
s 1, s 2 commenced 25 October 2021 (LA s 75 (1))
remainder commenced 1 November 2021 (s 2 and see Waste Management and Resource Recovery Amendment Regulation 2021 (No 1) SL2021-24 s 2)Amendment history
Commencement
s 2om LA s 89 (4)
Declared offences—Act, s 117, definition of vehicle‑related offence, par (b)
s 7Ains SL2021-25 s 4
Declared Act—known offender declarations—Act, s 131E (1) (b) (iii)
s 7Bins SL2021-25 s 4
Waste Management and Resource Recovery Regulation 2017
sch 1 pt 1.2am SL2021-25 s 5; items renum R2 LA
Waste Management and Resource Recovery Regulation 2017 vehicle-related offences at waste facilities
sch 2ins SL2021-25 s 6
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
8 Dec 20178 Dec 2017–
31 Oct 2021not amended new regulation
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