Registrar as administering authority etc.
166 Registrar as administering authority etc.
To remove any doubt, it is declared that—
the registrar is a person who may be prescribed by regulation for a purpose under section 165(1A) or (1B); and
unless the context otherwise requires, a reference in this Act to the registrar is a reference to the registrar in that capacity, and does not include a reference to the registrar in the registrar’s capacity as (for example)—
the administering authority for an infringement notice or infringement notice offence; or
an authorised person for an infringement notice; and
Example—
A regulation under section 165(1B) prescribes the registrar to be a person who may serve an infringement notice for a particular infringement notice offence.
A reference to the registrar in section 134C (Registrar may require person to give information) does not include a reference to the registrar in the registrar’s capacity as an authorised person for the infringement notice.
section 162 is not limited by section 163 in relation to an infringement notice for which the registrar is the administering authority.
In relation to an infringement notice or infringement notice offence for which the registrar is the administering authority—
this Act applies to the registrar, in the capacity of registrar and in the capacity of administering authority, with all necessary changes; and
without limiting paragraph (a)—
a provision requiring an administering authority to give a thing to SPER or the registrar does not apply to the registrar as an administering authority; and
Example—
Section 28(2)(c) requires an administering authority to give to SPER a copy of a notice withdrawing an infringement notice.
If the registrar withdraws an infringement notice for which the registrar is the administering authority, the registrar is not required under section 28(2)(c) to give a copy of the withdrawal notice to SPER.
if a provision provides for an administering authority to give a thing to SPER or the registrar for a purpose, the registrar may take action under this Act as if the thing had been given under the provision; and
Example—
Section 28(2)(c) requires an administering authority to give to SPER a copy of a notice withdrawing an infringement notice.
If the registrar withdraws an infringement notice for which the registrar is the administering authority, the registrar may take action under section 29 as if a copy of the withdrawal notice had been given to SPER under section 28(2)(c).
a provision requiring the registrar to notify an administering authority does not apply to the registrar as an administering authority.
Example—
Section 57(4)(a) requires the registrar to refer the matter of an offence to the administering authority in particular circumstances. If the registrar is the administering authority for an offence, section 57(4)(a) does not apply.
This provision refers to the regulations (prescribed by regulation
, A regulation
). Made under this Act:
This Act’s bill:Explanatory memorandum
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.