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MAGISTRATES COURT (UTILITIES INFRINGEMENT NOTICES) REGULATIONS 2002 (NO 34 OF 2002)
2002
AUSTRALIAN CAPITAL TERRITORY
The Magistrates Court (Utilities Infringement Notices) Regulations
2002 are made under the Magistrates Court Act 1930, Part 8. Their
purpose 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
Utility (Water Restrictions) Regulations 2002 which are enacted under
section 234 of the Utilities Act 2000.
These regulations will compliment the Utility (Water Restrictions)
Regulations 2002 which will overcome the currently lack of provision for
restrictions on the use of water in times of drought. These regulations provide
the penalty regime for contravention of the water restrictions
regulations.
Clause 1 provides that the name of the regulations is the
Magistrates Court (Utilities Infringement Notices) Regulations
2002.
Clause 2 provides that the commencement date of the
regulations will be the day after their notification.
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 Utility (Water Restrictions)
Regulations 2002.
Clause 4 deals with notes found in the
legislation and provides that a note in the legislation is for explanatory
purposes and is not part of the Act.
Clause 5 defines the meaning
of water restrictions regulations as being those regulations made
under the Utility (Water Restrictions) Regulations 2002.
Clause 6 provides that ACTEW Corporation Limited is the
responsible administrative authority for the purposes of an infringement notice
against the water restriction regulations.
Clause 7 provides that
an infringement notice may be issued under the Magistrates Court Act 1930,
Part 8.
Clause 8 provides for the penalties payable by an
individual or a corporation for an offence under the water restrictions
regulations. Penalties for an offence against the water restriction regulations
by a corporation are 5 times that applicable for an individual. Clause 8 also
provides that the cost for the issue of a reminder notice for an infringement
notice offence is $34.
Clause 9 provides that the infringement
notice served on a person for an infringement notice offence against the water
restrictions must identify –
a) in the case of a company registered
under the Corporations Act 2001 (Cwlth), its ACN;
b) in the case of a
person operating a business with business name registered under the Business
Names Act 1963 (ACT), its registered business name.
Clause 10
provides that an infringement 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 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 12 provides
the authority for an authorised person under the Utilities Act 2001,
section 114, to serve an infringement notice, or a reminder notice, for an
infringement notice offence against the water restrictions.
Schedule
1
Provides for the water restrictions regulations infringement notice
offences and penalties under clause 7 and 8 of these regulations.