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MAGISTRATES COURT (PLANT DISEASES INFRINGEMENT NOTICES) REGULATION 2005 (NO 32 OF 2005)
2005
LEGISLATIVE ASSEMBLY FOR THE
AUSTRALIAN CAPITAL ERRITORY
MAGISTRATES
COURT (PLANT DISEASES INFRINGEMENT NOTICES) REGULATION
2005
SUBORDINATE LAW NO
SL2005-32
EXPLANATORY
STATEMENT
Circulated by authority of
Attorney General
Part 8 of the Magistrates Court Act 1930 provides for
the issue of infringement notices for offences listed in regulations. The
Magistrates Court (Plant Diseases Infringement Notices) Regulation 2005 (the
regulation) enables infringement notices to be issued for certain offences in
the Plant Diseases Act 2002.
The Plant Diseases Act 2002
sets out provisions for the regulation of plant diseases issues in the ACT. It
provides for a number of measures to control diseases and pests of plants and a
number of offences are established for non-compliance with control requirements
and associated enforcement activities.
The objective of the regulation
is to ensure that infringement notices are in place for these offences and more
specifically for offences related to the contravention of a prohibition against
the introduction of plants, insects, diseases and pests; contravention of a
declaration of an area of land that is a quarantine area; contravention of an
importation restriction; and contravention of an obligation to report notifiable
diseases and pests.
The ability to issue infringement notices for
offences against the Plant Diseases Act 2002 will encourage
compliance with the legislation and will allow for immediate action to be taken
against people who are breaching the legislation. This should provide greater
protection for the ACT environment.
Clause Notes
This section provides that the regulation is the Magistrates Court (Plant
Diseases Infringement Notices) Regulation 2005.
This section provides that the regulation commences on the day after its
notification.
This section provides that this regulation is to provide for infringement
notices under the Magistrates Court Act 1930, part 3.8 for certain
offences against the Plant Diseases Act.
The dictionary at the end of the regulation is part of the
regulation.
This section provides that a note is explanatory and is not part of the
regulation.
This section provides that the administering authority is the chief
executive.
This section provides that the Magistrates Court Act 1930, part
3.8 applies to an offence against a provision of the Plant Diseases Act in
schedule 1, column 2.
This provision provides that the penalties payable for an offence in
schedule 1, column 2 for an individual is the amount mentioned in the schedule
and for a corporation is 5 times the amount listed in the schedule.
This section provides that an infringement notice served on a company
must include the company’s ACN.
This section provides that an infringement notice served on a person by
an authorised person must identify the authorised person’s full name or
surname and initials or any unique number given to the authorised person by the
administering authority.
This section provides that a reminder notice served on a person by an
authorised person must identify the authorised person’s full name or
surname and initials or any unique number given to the authorised person by the
administering authority.
The cost of beginning a proceeding is $200.
This section provides that an inspector may serve an infringement notice
for an infringement notice offence and may serve a reminder notice for an
infringement notice offence under the Plant Diseases Act.
This schedule outlines the offence penalty units and infringement
penalties for offences under section 8(9), 10(9), 12(9), and 16(1) of the Plant
Diseases Act.
The Dictionary for the regulations.