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Australian Capital Territory – Magistrates Court (Charitable Collections Infringement Notices) Regulations

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Australian Capital Territory

Magistrates Court (Charitable
Collections Infringement Notices)
Regulations 2003
Subordinate Law SL2003-36

The Australian Capital Territory Executive makes the following regulations
under the
Magistrates Court Act 1930 .
Dated 29 October 2003.
JON STANHOPE
Minister
BILL WOOD
Minister

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

Australian Capital Territory

Magistrates Court (Charitable
Collections Infringement Notices)
Regulations 2003
Subordinate Law SL2003-36
made under the
Magistrates Court Act 1930

Contents
Page
1 Name of regulations 1
2 Commencement 1
3 Purpose of regulations 1
4 Notes 1
5 Meaning of Charitable Collections Act 1
6 Administering authority 2
7 Infringement notice offences 2
8 Infringement notice penalties 2

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

Contents
Page

contents 2 Magistrates Court (Charitable Collections
Infringement Notices) Regulations 2003 SL2003-36

Unauthorised version prepared by AC T Parliamentary Counsel’s Office
9 Contents of infringement notices—other information 2
10 Contents of infringement notices—identifying authorised person 3
11 Contents of reminder notices—identifying authorised person 3
12 Authorised people for infringement notice offences 4
Schedule 1 Charitable Collections Act infringement
notice offences and penalties
5

T T TT
T T TT
Regulation T1T

SL2003-36

page 1 Magistrates Court (Charitable Collections
Infringement Notices) Regulations 2003
Unauthorised version prepared by AC T Parliamentary Counsel’s Office
1 Name of regulations
These regulations are the Magistrates Court (Charitable Collections
Infringement Notices) Regulations 2003
.
2 Commencement
These regulations commence on the day after their notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see Legislation Act, s 75 (1)).
3 Purpose of regulations
The purpose of these regulations is to provide for infringement
notices under the
Magistrates Court Act 1930 , part 8 for certain
offences against the Charitable Collections Act.
Note The Magistrates Court Act 1930 , pt 8 creates a system of infringement
notices for offences against vari ous Acts. The infringement notice
system is intended to provide an alternative to prosecution.
4 Notes
A note included in these regulations is explanatory and is not part of
these regulations.
Note See Legislation Act , s 127 (1), (4) and (5) for the legal status of notes.
5 Meaning of Charitable Collections Act
In these regulations:
Charitable Collections Act means the Charitable Collections Act
2003
.

T TT T
T TT T
Regulation T6T

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SL2003-36
Magistrates Court (Charitable Collections Infringement Notices) Regulations 2003
Unauthorised version prepared by AC T Parliamentary Counsel’s Office
6 Administering authority
The administering authority for an infringement notice offence
against the Charitable Collections Ac t is the chief executive for that
Act.
7 Infringement notice offences
The Magistrates Court Act 1930 , part 8 applies to an offence against
a provision of the Charitable Collections Act mentioned in
schedule 1, column 2.
8 Infringement notice penalties
(1) The penalty payable by an individual for an offence against the
Charitable Collections Act, 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
Charitable Collections Act, 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 Charitable Collections Act is $34.
9 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 Charitable
Collections Act
must include the company’s ACN.
Note The requirement under this regulation is additional to the requirement
under the
Magistrates Court Act 1930 , s 121 (1) (c).
(2) In this regulation:
company means a company registered under the Corporations Act.

T T TT
T T TT
Regulation T10T

SL2003-36

page 3 Magistrates Court (Charitable Collections
Infringement Notices) Regulations 2003
Unauthorised version prepared by AC T Parliamentary Counsel’s Office
10 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 Charitable Collections
Act
must identify the au thorised person by—
(a) for an authorised person who is a police officer—the service
number for the police officer; and
(b) for an authorised person to whom the Act, section 55 (Identity
cards) applies—
(i) any unique number given to the person by the
administering author ity under regulation 6
(Administering authority) fo r these regulations; or
(ii) the authorised person’s full name, or surname and
initials.
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 Charitable Collections Act

must identify the authorised person by—
(a) for an authorised person who is a police officer—the service number for the police officer; and
(b) for an authorised person to whom the Act, section 55 (Identity
cards) applies—
(i) any unique number given to the person by the
administering author ity under regulation 6
(Administering authority) fo r these regulations; or
(ii) the authorised person’s full name, or surname and
initials.

T TT T
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Regulation T12T

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Magistrates Court (Charitable Collections Infringement Notices) Regulations 2003
Unauthorised version prepared by AC T Parliamentary Counsel’s Office
12 Authorised people for infringement notice offences
Anyone who is an authorised person under the Charitable
Collections Act, section 54 (Authorised people), may serve—
(a) an infringement notice for an infringement notice offence
against the Charitable Collections Act; and
(b) a reminder notice for an infringement notice offence against the Charitable Collections Act.

Charitable Collections Act infringement notice offences and
penaltiesT TSchedule 1T
T
T TT

SL2003-36
page 5 Magistrates Court (Charitable Collections
Infringement Notices) Regulations 2003
Unauthorised version prepared by AC T Parliamentary Counsel’s Office

Schedule 1 Charitable Collections Act
infringement notice offences
and penalties
(see reg 7 and reg 8)

column 1
item
column 2
offence provision
column 3
offence penalty
(penalty units)
column 4
infringement
penalty ($)
1 section 16 (1) 50 50
2 section 47 (1) 50 150
3 section 47 (2) 50 150
4 section 47 (3) 50 150
5 section 48 (1) 50 150
6 section 53 (4) 50 150
7 section 56 (3) 5 50

Endnotes
1 Notification
Notified under the Legislation Act on 30 October 2003.
(see www.legislation.act.gov.au)
2 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au.

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Magistrates Court (Charitable Collections Infringement Notices) Regulations 2003
Unauthorised version prepared by AC T Parliamentary Counsel’s Office
© Australian Capital Territory 2003

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