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MAGISTRATES COURT (NATURE CONSERVATION INFRINGEMENT NOTICES) REGULATION 2015 (NO 20 OF 2015)
Magistrates Court (Nature Conservation Infringement Notices) Regulation 2015
Subordinate law SL2015–20
made under the
Magistrates Court Act 1930, Part 3.8 (Infringement notices for certain offences)
EXPLANATORY STATEMENT
Magistrates Court (Nature
Conservation Infringement Notices) Regulation
2015
Overview
The Magistrates Court (Nature Conservation
Infringement Notices) Regulation 2015 is being made under part 3.8 of the
Magistrates Court Act 1930 and will allow infringement notices to be
issued for offences against the Nature Conservation Act 2014.
Infringement notices are intended to provide an alternative to
prosecution.
This regulation empowers the conservator of flora and fauna
appointed under section 20 and conservation officers appointed under
section 28 of the Nature Conservation Act to issue infringement notices
and reminder notices. Under the Magistrates Court Act a person authorised to
issue an infringement notice for an offence has the discretion to decide whether
or not to issue a notice.
Summary of clauses
Clause 1
Name of regulation
This clause provides that the name of the regulation
is the Magistrates Court (Nature Conservation Infringement Notices)
Regulation 2015.
Clause 2 Commencement
This clause provides
for the commencement of the regulation. The regulation commences on the later of
the day after its notification day, and the commencement of the Nature
Conservation Act, section 3.
Clause 3 Dictionary
This clause
provides that the dictionary at the end of the regulation is part of the
regulation. The dictionary defines certain terms used in the
regulation.
A 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 2001, ss 155 and 156 (1)).
Clause 4
Notes
This clause provides that a note included in the regulation is, in
law, purely explanatory and is not part of the regulation (see Legislation Act,
s 127 (1), (4) and (5) for the legal status of notes).
Clause 5
Purpose of regulation
This clause provides that the purpose of the
regulation is to provide for infringement notices under the Magistrates Court
Act, part 3.8, for certain offences against the Nature Conservation
Act.
Clause 6 Administering authority
This clause
provides that the administering authority for an infringement notice offence
under the regulation is the conservator of flora and fauna.
Clause 7
Infringement notice offences
This clause provides that the Magistrates
Court Act, part 3.8, applies to an offence against a provision of the Nature
Conservation Act mentioned in the regulation in schedule 1, column
2.
Clause 8 Infringement notice penalties
This clause provides
for the penalty that is payable by an individual with an infringement notice.
The penalty payable by an individual for each infringement notice is set in
column 4 of schedule 1, while the penalty payable by a corporation is 5 times
the amount mentioned in schedule 1, column 4.
This clause also prescribes
that the cost of service of a reminder notice for an infringement notice offence
is $34.
Clause 9 Contents of infringement notices—identifying
authorised person
This clause provides that an infringement notice must
identify the authorised person who served the notice by the authorised
person’s full name or surname and initials or any unique number given to
the authorised person by the administering authority.
Clause 10
Contents of infringement notices—other information
This clause
provides that an infringement notice served on a company must include the
company’s ACN.
Clause 11 Contents of reminder
notices—identifying authorised person
This clause provides that a
reminder notice for an infringement notice offence must identify the authorised
person by the authorised person’s full name or surname and initials or any
unique number given to the authorised person by the administering
authority.
Clause 12 Authorised people for infringement notice
offences
This clause provides that a conservation officer appointed under
section 28 of the Nature Conservation Act may serve infringement notices and
reminder notices for infringement notice offences against the Nature
Conservation Act. Section 28(2) of the Nature Conservation Act provides
that the conservator of flora and fauna is a conservation
officer.
Schedule 1 Nature Conservation Act 2014 infringement
notice offences and penalties
The schedule lists the infringement notice
offences and penalties under the Nature Conservation Act that are prescribed by
sections 7 and 8 of the regulation.
The offences that are proposed to be
dealt with by way of an infringement notice under the regulation are relatively
minor in nature, and have infringement notice penalties ranging from $30 to
$1,500 (for an individual) or $150 to $7,500 (for a corporation). All penalty
values have been set so that the nominal amount on an infringement notice is 20%
of the maximum fine stipulated in the offence.