ACT Numbered Regulations - Explanatory Statements ACT Numbered Regulations - Explanatory Statements[Index] [Search] [Download] [Related Items] [Help]
MAGISTRATES COURT (DANGEROUS GOODS ROAD TRANSPORT INFRINGEMENT NOTICES) REGULATION 2010 (NO 42 OF 2010)
Magistrates Court (Dangerous Goods Road Transport Infringement Notices)
Regulation 2010
Subordinate law SL2010–42
made under the
Magistrates Court Act 1930, section 119 (Regulations about infringement notice offences)
EXPLANATORY STATEMENT
Overview
This regulation is made under section 119 of the Magistrates Court Act
1930 (the Act). Part 3.8 of the Act creates a scheme for dealing with
certain offences by infringement notice instead of prosecution, and section 119
allows for offences to be prescribed as infringement notice offences for part
3.8 of the Act.
The offences to which this regulation applies are
certain strict liability offences in the Dangerous Goods (Road Transport) Act
2009 and the Dangerous Goods (Road Transport) Regulation 2010
(collectively referred to as the dangerous goods legislation). The dangerous
goods legislation implements the national model legislation for the transport of
dangerous goods developed by the National Transport Commission in 2007, which
has been endorsed by the Australian Transport Council. The legislation gives
legal effect to the Australian Dangerous Goods Code, which in turn reflects the
United Nations Model Regulation on the Transport of Dangerous
Goods.
CLAUSE NOTES
Clause 1 Name of
Regulation
This clause is a formal provision to set out the name of the
regulation.
Clause 2 Commencement
This clause is a formal
provision, which provides that the regulation commences on the day after it is
notified.
Clause 3 Dictionary
This clause explains that the
dictionary is part of the regulation.
Clause 4 Notes
This
clause explains that the notes are explanatory only and do not form part of the
regulation.
Clause 5 Purpose of regulation
This clause explains
the purpose of the regulation, which is to set up an infringement notice scheme
for dangerous goods legislation offences.
Clause 6 Administering
authority
This clause provides that the administering authority for the
infringement notice scheme is the competent authority appointed under section 20
of the Dangerous Goods (Road Transport) Act 2009.
Notifiable
instrument NI2010–233 made under the Dangerous Goods (Road Transport) Act,
section 20 (Competent authorities) provides that the person occupying the
position of chief executive of the administrative unit responsible for
regulatory services is the competent authority for the Act. Under the
administrative arrangements that have been established for the dangerous goods
legislation, the competent authority functions are exercised by the Office of
Regulatory Services.
Clause 7 Infringement notice
offences
This clause explains that part 3.8 of the Act applies to the
offence provisions of the dangerous goods legislation that are listed in
schedule 1, column 2. Those provisions contain straightforward strict liability
offences involving breaches of specific duties relating to the safe and
accountable transportation of dangerous goods by road.
Clause
8 Penalties
This clause explains that the penalties payable under an
infringement notice are specified in schedule 1, column 4. Higher penalties are
payable where the offence is committed by a corporation. The cost of serving a
reminder notice for an infringement notice offence is $34.
Clause
9 Contents of infringement notices - identifying authorised person- Act, s 121
(1) (g)
This clause sets out the information that an infringement notice
must contain to identify the person serving the infringement
notice.
Clause 10 Contents of infringement notices - other
information-
Act, s 121 (1) (h)
This clause requires that an
infringement notice served on a company must include the company’s
ACN.
Clause 11 Contents of reminder notice - identifying authorised
person-
Act s 130 (f)
This clause sets out the information that
a reminder notice must contain regarding the authorised person who served the
infringement notice.
Clause 12 Authorised person for infringement
notice offences -
Act, s 134A (2)
This clause explains that a
person who has been appointed by the competent authority as an authorised person
under section 23 of the Dangerous Goods (Road Transport) Act 2009 may
serve an infringement notice, or a reminder notice, for an infringement notice
offence under the dangerous goods legislation.
Schedule 1 Dangerous
goods legislation infringement notice offences and penalties
Part
1.1
Column 2 of the table in this part sets out the offences from the
Dangerous Goods (Road Transport) Act 2009 that are infringement notice
offences under the regulation, and column 4 sets out the corresponding
infringement penalty for those offences.
Part 1.2
Column 2 of
the table in this part sets out the offences from the Dangerous Goods (Road
Transport) Regulation 2010 that are infringement notice offences under the
regulation, and column 4 sets out the infringement penalty for those
offences.