The regulatory nature of an offence does not, of itself, exclude the exercise of discretion to dismiss a charge under s 402 of the Crimes Act 1900 (ACT). A magistrate who treats the regulatory character of an offence as determinative of whether s 402 applies commits appealable error. The construction of s 33(2) of the Water Resources Act 1988 (ACT) — specifically whether a bore tapping an underground stream falls within the definition of 'waterway' — was left as an open question.
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