ACT Numbered Regulations - Explanatory Statements

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MAGISTRATES COURT (FISHERIES INFRINGEMENT NOTICES) REGULATIONS 2004 (NO 5 OF 2004)

2004

THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

MAGISTRATES COURT (FISHERIES INFRINGEMENT NOTICES) REGULATIONS 2004

Subordinate Law No SL2004-5

EXPLANATORY STATEMENT

Circulated by authority of Jon Stanhope MLA
Attorney General

BACKGROUND AND OUTLINE

The Fisheries Act 2000 and Fisheries Regulations 2001 provide for the management of fisheries. The Magistrates Court (Fisheries Infringement Notices)
Regulations 2004 (the regulations) are made under part 8 of the Magistrates Court
Act 1930 to create a system of infringement notices for certain offences against the Fisheries Act and the Fisheries Regulations.

DETAILS OF REGULATIONS

Regulation 1 provides that the name of the regulations is the Magistrates Court (Fisheries Infringement Notices) Regulations 2004.

Regulation 2 provides that the regulations commence on the day after their notification day.

Regulation 3 provides that the purpose of the regulations is to create a system of infringement notices under the Magistrates Court Act 1930, part 8, for certain offences against the fisheries legislation.

Regulation 4 provides that the note included in the regulations is explanatory and is not part of the regulations.

Regulation 5 provides that the reference to fisheries legislation means the Fisheries Act and the Fisheries Regulations.

Regulation 6 provides that the administering authority for an infringement notice offence is the conservator of flora and fauna.

Regulation 7 provides that an infringement notice can be issued for an offence against the fisheries legislation mentioned in schedule 1, column 2.

Regulation 8 provides for infringement notice penalties payable by an individual or corporation. The penalty payable by a corporation is five times that payable by an individual. The regulation also provides that the cost of serving a reminder notice for an infringement notice offence is $34.

Regulation 9 provides that an infringement notice served on a company must include the company’s ACN.

Regulation 10 provides that an authorised person issuing an infringement notice offence must identify the authorised person by
(a) the authorised person’s full name, or surname and initials; or
(b) any unique number given to the authorised person by the administering authority.

Regulation 11 provides that a reminder notice issued for an infringement notice offence must identify the authorised person. The identifying particulars are the same as those provided in regulation 10.

Regulation 12 provides that a conservation officer under the Nature Conservation
Act 1980 may serve an infringement notice and a reminder notice for an infringement notice offence.

Schedule 1 specifies the provisions of the fisheries legislation for the offences under which infringement notices may be issued. It also specifies the infringement penalties.

FINANCIAL IMPLICATIONS

Nil.