ACT Numbered Regulations - Explanatory Statements

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MAGISTRATES COURT (CHARITABLE COLLECTIONS INFRINGEMENT NOTICES) REGULATIONS 2003 (NO 36 OF 2003)

2003





THE LEGISLATIVE ASSEMBY FOR THE
AUSTRALIAN CAPITAL TERRITORY






MAGISTRATES COURT (CHARITABLE COLLECTIONS INFRINGEMENT NOTICES) REGULATIONS 2003





Subordinate Law No SL2003-36





EXPLANATORY STATEMENT










Circulated by authority of Jon Stanhope MLA
Attorney General

The Charitable Collections Act 2003 (the Charitable Collections Act) regulates collection for charitable purposes. Collection under this Act is the soliciting or receiving of money or a benefit for a charitable purpose. The Magistrates Court (Charitable Collections Infringement Notices) Regulations 2003 are made under the Magistrates Court Act 1930, Part 8, to create a system of infringement notices for certain offences against the Charitable Collections Act.

Regulation 1 provides that the name of the regulations is the Magistrates Court (Charitable Collections Infringement Notices) Regulations 2003.

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 Charitable Collections Act 2003. The infringement notice system is intended to provide an alternative to prosecution.

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

Regulation 5 defines the Charitable Collections Act as being the Charitable Collections Act 2003.

Regulation 6 provides that the administering authority for an infringement notice offence against the Charitable Collections Act is the chief executive.

Regulation 7 provides infringement notices can be issued for the offences listed in schedule 1.

Regulation 8 provides that the penalties for the offences in schedule 1 are listed in column 4 of the schedule. Penalties for an offence by a corporation are five times that applicable for an individual. This regulation also provides for a reminder notice for an infringement notice offence; the cost of its service is $34.

Regulation 9 specifies that infringement notices served on a company must include the company’s ACN.

Regulation 10 provides that an infringement notice must identify the authorised person who served the notice as follows:
. if he or she is a police officer – by the police officer’s service number; and
. if he or she is an authorised person to whom section 55 of the Charitable Collections Act applies – by any unique number given to the person by the administering authority, or by the authorised person’s full name, or surname and initials.

Regulation 11 provides that where a reminder notice is issued for an infringement notice the reminder notice must identify the authorised person who served the notice as follows:
. if he or she is a police officer – by the police officer’s service number; and
. if he or she is an authorised person to whom section 55 of the Charitable Collections Act applies – by any unique number given to the person by the administering authority, or by the authorised person’s full name, or surname and initials.

Regulation 12 provides that any one who is an authorised person under section 54 of the Charitable Collections Act may serve infringement notices and reminder notices for infringement notice offences under the Charitable Collections Act.

Provides for the Charitable Collections Act infringement notice offences and penalties under Regulations 7 and 8.

Nil