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MAGISTRATES COURT (UTILITIES WATER CONSERVATION INFRINGEMENT NOTICES) REGULATION 2006 (NO 11 OF 2006)
2006
Subordinate law No 11 of 2006
Circulated by the
authority of
Mr Jon Stanhope
Attorney General
MAGISTRATES COURT (UTILITIES WATER CONSERVATION INFRINGEMENT NOTICES) REGULATION 2006
PURPOSE
The Magistrates Court (Utilities Water
Conservation Infringement Notices) Regulations 2006 are made under the
Magistrates Court Act 1930, Part 3.8. Their purpose is to create a system
of infringement notices for certain offences in relation to the enforcement of a
water conservation and restriction scheme under the ACT’s Utility
(Water Restrictions) Regulation 2006 which are made under section 149B of
the Utilities Act 2000.
BACKGROUND
These regulations
will complement the Utilities (Water Conservation) Regulation 2006
which will assist in the provision of restrictions on the use of water in
times of drought. These regulations provide the penalty regime for contravention
of the water restrictions regulations.
DETAILS OF THE
REGULATIONS
Clause 1 provides that the name of the regulations
is the Magistrates Court
(Utilities Water Conservation Infringement
Notices) Regulation 2006.
Clause 2 provides that the
commencement date of the regulations will be the day
fixed by the Minister
by written notice.
Clause 3 provides that the purpose of the
regulations is to create a system of
infringement notices for certain
offences in relation to the enforcement of a water
restriction scheme under
the ACT’s Utilities (Water Conservation) Regulation
2006.
Clause 4 deals with notes found in the legislation and
provides that a note in the
regulation is for explanatory purposes and is
not part of the Act.
Clause 5 provides that the administering
authority for an infringement notice against the Utilities (Water Conservation)
Regulations 2006 is ACTEW Corporation Limited.
Clause 6 provides
that Part 3.8 of the Magistrates Court Act 1930 applies to an offence against
the Utilities (Water Conservation) Regulation 2006 as mentioned in
schedule 1, column 2 of this regulation.
Clause 7 provides for the
penalties payable by an individual or a corporation for an
offence under the
water restrictions regulations as found in schedule 1, column 4. Penalties for
an offence against the water restriction regulations by a corporation are five
(5) times that applicable for an individual. Clause 7 also provides that the
cost for the issue of a reminder notice for an infringement notice offence is
$34.
Clause 8 provides that the infringement notice
served on a company for an
infringement notice offence against the
Utilities (Water Conservation) Regulation 2006 must include the
company’s ACN. “Company” refers to a company registered under
the Corporations Act.
Clause 9 provides that an
infringement notice served on a person for an
infringement notice offence
against the Utilities (Water Conservation) Regulation 2006 by an
authorised person must also identify -
a) the authorised person’s full
name, or surname and initials; and
b) the authorised person’s identity
card number.
Clause 10 provides that a reminder notice served on a
person for an infringement
notice offence against the water restrictions
regulations by an authorised person
must also identify -
a) the authorised
person’s full name, or surname and initials; and
b) the authorised
person’s identity card number.
Clause 11 provides the
authority for an authorised person under the Utilities Act 2000,
section 114, to serve an infringement notice, or a reminder notice, for
an
infringement notice offence against the water
restrictions.
Clause 12 repeals the regulation, Magistrates Court
(Utilities Infringement Notices) Regulations 2002 SL2002-34.
Schedule
1
Provides for the water restrictions regulations infringement notice
offences and
penalties under clauses 6 and 7 of this regulation.
Nil.