Magistrates Court (Nature Conservation Infringement Notices) Regulation 2015 (SL2015-20)

Regulation 2015, 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 March 2024. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 29 March 2024. 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 www.legislation.act.gov.au): • 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 (www.legislation.act.gov.au). 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). Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Magistrates Court (Nature Conservation Infringement Notices) Regulation 2015 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 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 R2 Magistrates Court (Nature Conservation Infringement contents 1 29/03/24 Notices) Regulation 2015 Effective: 29/03/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Contents Page 12 Authorised people for infringement notice offences 4 Schedule 1 Nature Conservation Act 2014 infringement notice offences and penalties 5 Dictionary 8 Endnotes 1 About the endnotes 9 2 Abbreviation key 9 3 Legislation history 10 4 Amendment history 11 5 Earlier republications 11 contents 2 Magistrates Court (Nature Conservation Infringement R2 Notices) Regulation 2015 29/03/24 Effective: 29/03/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Magistrates Court (Nature Conservation Infringement Notices) Regulation 2015 made under the Magistrates Court Act 1930 R2 Magistrates Court (Nature Conservation Infringement page 1 29/03/24 Notices) Regulation 2015 Effective: 29/03/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

Section 1 1 Name of regulation This regulation is the Magistrates Court (Nature Conservation Infringement Notices) Regulation 2015. 3 Dictionary The dictionary at the end of this regulation is part of this regulation. Note 1 The 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 ‘conservation officer—see the Nature Conservation Act 2014, dictionary.’ means that the term ‘conservation officer’ is defined in that dictionary and the definition applies to this regulation. Note 2 A 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)). 4 Notes A note included in this regulation is explanatory and is not part of this regulation. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. 5 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 Nature Conservation Act 2014. Note The 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. page 2 Magistrates Court (Nature Conservation Infringement R2 Notices) Regulation 2015 29/03/24 Effective: 29/03/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

Section 6 6 Administering authority The administering authority for an infringement notice offence against the Nature Conservation Act 2014 is the conservator of flora and fauna. 7 Infringement notice offences The Magistrates Court Act 1930, part 3.8 applies to an offence against a provision of the Nature Conservation Act 2014 mentioned in schedule 1, column 2. 8 Infringement notice penalties (1) The penalty payable by an individual for an offence against the Nature Conservation Act 2014, 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 Nature Conservation Act 2014, 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 Nature Conservation Act 2014 is $34. 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 Nature Conservation Act 2014 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. R2 Magistrates Court (Nature Conservation Infringement page 3 29/03/24 Notices) Regulation 2015 Effective: 29/03/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

Section 10 10 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 Nature Conservation Act 2014 must include the company’s ACN. Note The 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. 11 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 Nature Conservation Act 2014 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. 12 Authorised people for infringement notice offences A conservation officer may serve the following: (a) an infringement notice for an infringement notice offence against the Nature Conservation Act 2014; (b) a reminder notice for an infringement notice offence against the Nature Conservation Act 2014. page 4 Magistrates Court (Nature Conservation Infringement R2 Notices) Regulation 2015 29/03/24 Effective: 29/03/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Nature Conservation Act 2014 infringement notice offences and penalties Schedule 1 Schedule 1 Nature Conservation Act 2014 infringement notice offences and penalties (see s 7 and s 8) column 1 column 2 column 3 column 4 item offence provision offence penalty infringement penalty ($) (penalty units) 1 135 (1) 50 1500 2 138 (1) 50 1500 3 138A (1) 5 150 4 138A (2) 5 150 5 138B (1) 10 250 6 147 (1) 50 1500 7 149 (1) 25 750 8 149 (2) 50 1500 9 152 (1) 25 750 10 152 (2) 50 1500 11 209 (1) 50 1500 12 213 (1) 20 600 13 214 (1) 50 1500 14 215 (1) 10 300 15 216 (1) 30 900 16 217 (1) 50 1500 17 218 (1) 50 1500 18 219 (1) 30 900 19 219 (2) 30 900 20 220 (1) 30 900 21 221 (1) 30 900 R2 Magistrates Court (Nature Conservation Infringement page 5 29/03/24 Notices) Regulation 2015 Effective: 29/03/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

Schedule 1 Nature Conservation Act 2014 infringement notice offences and penalties column 1 column 2 column 3 column 4 item offence provision offence penalty infringement penalty ($) (penalty units) 22 222 (1) 50 1500 23 222 (2) 50 1500 24 222 (3) 50 1500 25 222 (4) 50 1500 26 223 (1) 50 1500 27 224 (1) 50 1500 28 225 (1) 50 1500 29 227 (1) 20 600 30 230 (1) 20 600 31 238 (1) 50 1500 32 247 (1) 50 1500 33 257 (1) 10 300 34 257 (2) 30 900 35 258 (1) 20 600 36 258 (2) 50 1500 37 260 (1) 50 1500 38 263 (1) 20 600 39 263 (2) 30 900 40 295 (1) 1 30 41 302 (1) 10 300 42 306 (1) 10 300 43 306 (2) 20 600 44 320 (1) 5 150 45 322 (1) 10 300 46 324 (1) 50 1500 page 6 Magistrates Court (Nature Conservation Infringement R2 Notices) Regulation 2015 29/03/24 Effective: 29/03/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Nature Conservation Act 2014 infringement notice offences and penalties Schedule 1 column 1 column 2 column 3 column 4 item offence provision offence penalty infringement penalty ($) (penalty units) 47 326 (1) 10 300 48 328 (1) 10 300 49 330 (1) 50 1500 50 342 (7) 20 600 51 355 (4) 20 600 R2 Magistrates Court (Nature Conservation Infringement page 7 29/03/24 Notices) Regulation 2015 Effective: 29/03/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary Dictionary (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this regulation. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • conservator of flora and fauna • corporation • Corporations Act • individual. Note 3 Terms 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. conservation officer—see the Nature Conservation Act 2014, dictionary. page 8 Magistrates Court (Nature Conservation Infringement R2 Notices) Regulation 2015 29/03/24 Effective: 29/03/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes About the endnotes 1 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 R2 Magistrates Court (Nature Conservation Infringement page 9 29/03/24 Notices) Regulation 2015 Effective: 29/03/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 3 Legislation history 3 Legislation history Magistrates Court (Nature Conservation Infringement Notices) Regulation 2015 SL2015-20 notified LR 10 June 2015 s 1, s 2 commenced 10 June 2015 (LA s 75 (1)) remainder commenced 11 June 2015 (s 2 (a) and see Nature Conservation Act 2014 A2014-59, s 2) as amended by Nature Conservation Amendment Act 2023 A2023-56 sch 1 notified LR 11 December 2023 s 1, s 2 commenced 11 December 2023 (LA s 75 (1)) sch 1 commenced 29 March 2024 (s 2 and CN2024-2) page 10 Magistrates Court (Nature Conservation Infringement R2 Notices) Regulation 2015 29/03/24 Effective: 29/03/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes Amendment history 4 4 Amendment history Commencement s2 om LA s 89 (4) Nature Conservation Act 2014 infringement notice offences and penalties sch 1 am A2023-56 amdt 1.1; items renum R2 LA 5 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 Effective Last Republication No and date amendment for made by R1 11 June 2015– not amended new regulation 11 June 2015 28 Mar 2024 © Australian Capital Territory 2024 R2 Magistrates Court (Nature Conservation Infringement page 11 29/03/24 Notices) Regulation 2015 Effective: 29/03/24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au