State Penalties Enforcement (Model By-laws for Trust Land) Amendment Regulation 2017 (Qld)

1   Short title

This regulation may be cited as the State Penalties Enforcement (Model By-laws for Trust Land) Amendment Regulation 2017.

2   Commencement

This regulation commences on 3 April 2017.

3   Regulation amended

This regulation amends the State Penalties Enforcement Regulation 2014.

4   Amendment of pt 3, hdg (Infringement notice offences etc. for local laws)

Part 3, heading, after ‘laws’—
insert—

and by-laws

5   Insertion of new s 6A

Part 3—
insert—

6A   Definitions for part

In this part—

by-law means a by-law that is adopted by a trustee under the Land Act 1994, section 56(7), and is in force.

trustee means either of the following entities appointed under the Land Act 1994, section 44, as a trustee of trust land—

(a)the State;

(b)a statutory body that is established under an Act and represents the State.

6   Amendment of s 7 (Infringement notice offences and fines for local laws)

(1)Section 7, heading, after ‘laws’—
insert—

or by-laws

(2)Section 7—
insert—

(2A)An offence against a provision of a by-law that is not an offence against the person and for which a person may be punished by a maximum penalty of not more than 10 penalty units is an offence to which the Act applies (a by-law infringement notice offence).

(2B)The fine payable for a by-law infringement notice offence under an infringement notice is—

(a)if the offence is otherwise punishable by a maximum penalty of not more than 0.5 penalty units—the maximum penalty; or

(b)if the offence is otherwise punishable by a maximum penalty of more than 0.5, but not more than 5, penalty units—0.5 penalty units; or

(c)if the offence is otherwise punishable by a maximum penalty of more than 5, but not more than 10, penalty units—1 penalty unit.

(3)Section 7(2A) to (3)—
renumber as section 7(3) to (5).

7   Amendment of s 8 (Administering authority for local law)

(1)Section 8, heading, after ‘law’—
insert—

or by-law

(2)Section 8—
insert—

(2)The administering authority for an infringement notice offence that is an offence against a provision of a by-law, or an infringement notice about the offence, is the trustee that adopted the by-law.

8   Amendment of s 9 (Authorised person for infringement notice for offence against local law or minor traffic offence)

(1)Section 9, heading, after ‘law’—
insert—

, by-law

(2)Section 9—
insert—

(1A)An employee of a trustee who is approved by the trustee for the purposes of this subsection is a person authorised to serve an infringement notice for an infringement notice offence that is an offence against a provision of a by-law adopted by the trustee.

(3)Section 9(2), ‘this section’—
omit, insert—

subsection (1)

(4)Section 9(1A) and (2)—
renumber as section 9(2) and (3).

9   Amendment of sch 2 (Dictionary)

Schedule 2—
insert—

by-law, for part 3, see section 6A.

trustee, for part 3, see section 6A.