Australian Capital Territory Numbered Acts

MAGISTRATES COURT (AMENDMENT) ACT 1993 (NO. 4 OF 1993) - SECT 10

10. Section 116A of the Principal Act is amended—

    (a)     by omitting from subsection (1) the definition of “prescribed offence” and substituting the following definition:

“ ‘prescribed offence' has the meaning given by subsection (3);

    (b)     by omitting from subsection (2) “Form 84, 85 or 86” and substituting “the Notice to Defendant form, the Notice of Intention to Defend form or the Plea of Guilty form”; and

    (c)     by adding at the end the following subsections:

“(3) An offence against a law in force in the Territory is a prescribed offence in relation to a person if—

        (a)     in the case of an offence against the Motor Traffic Act 1936 —the maximum penalty applicable to that person is a fine not exceeding the amount specified in subsection 192 (2) of that Act;

        (b)     in the case of an offence against the Motor Vehicles (Dimensions and Mass) Act 1990 —the maximum penalty applicable to that person is a fine not exceeding $2,000; or

        (c)     in the case of an offence against any other law in force in the Territory—the maximum penalty applicable to that person is a fine not exceeding $1,000;

whether or not any other penalty may be imposed with that fine.

“(4) In this Part, a reference to a law in force in the Territory includes a reference to—

        (a)     the Australian National University Parking and Traffic Statute as amended and in force from time to time; and

        (b)     where that statute is repealed and remade—any such remade statute as amended and in force from time to time.”.