1Citation
These regulations are the Criminal Code (Infringement Notices) Regulations 2015.
Parliamentary material from the official source. Links open the official source in a new tab.
Bill homepageThese regulations are the Criminal Code (Infringement Notices) Regulations 2015.
These regulations come into operation on the day on which the Criminal Code Amendment (Infringement Notices) Act 2011, other than sections 1 and 2, comes into operation.
In these regulations —
Certificate of Authority has the meaning given in the Police Force Regulations 1979 regulation 901A;
Commissioner of Police means the person holding or acting in the office of Commissioner of Police under the Police Act 1892;
CP Act means the Criminal Procedure Act 2004;
Form, followed by a number, means the form of that number in Schedule 2;
senior police officer has the meaning given in the Criminal Investigation Act 2006 section 3(1).
The offences under The Criminal Code that are specified in Schedule 1 are offences for which an infringement notice may be issued under the CP Act Part 2.
The modified penalty specified opposite an offence in Schedule 1 is the modified penalty for that offence for the purposes of the CP Act section 5(3).
However, an infringement notice cannot be issued under the CP Act Part 2 for an offence specified in Schedule 1 in the following situations —
if, on the day on which the alleged offence is believed to have been committed, the alleged offender is under 17 years of age;
if —
the alleged offence is under The Criminal Code section 378; and
the value of the thing alleged to have been stolen exceeds $500;
if —
the alleged offence is under The Criminal Code section 417(1); and
the value of the thing alleged to have been in the possession of the alleged offender exceeds $500;
if —
the alleged offence is under The Criminal Code section 445; and
the value of the property alleged to have been destroyed or damaged exceeds $500.
[Regulation 5 amended: SL 2020/110 r. 4.]
Every police officer, other than a senior police officer, is an authorised officer for the purposes of the CP Act Part 2.
A police officer who is an authorised officer under subregulation (1) can show that he or she is authorised to issue infringement notices by showing his or her Certificate of Authority.
Every senior police officer is an approved officer for the purposes of the CP Act Part 2.
The Commissioner of Police may, in writing, appoint a person who is not a police officer to be an approved officer for the purposes of the CP Act Part 2.
An appointment under subregulation (4) may be made —
for the purposes of the CP Act section 9(1)(f)(iii), 14 or 15 or the purposes of 2 or more of those sections; and
in respect of a specified person or persons of a specified class.
For the purposes of the CP Act Part 2 —
Form 1 is the prescribed form for an infringement notice; and
Form 2 is the prescribed form for the withdrawal of an infringement notice.
This is a compilation of the Criminal Code (Infringement Notices) Regulations 2015 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.
Citation | Published | Commencement |
|---|---|---|
Criminal Code (Infringement Notices) Regulations 2015 | 3 Mar 2015 p. 801‑11 | 4 Mar 2015 (see r. 2 and Gazette 3 Mar 2015 p. 783) |
Criminal Code (Infringement Notices) Amendment Regulations 2020 | SL 2020/110 3 Jul 2020 | r. 1 and 2: 3 Jul 2020 (see r. 2(a)); |
Attorney General Regulations Amendment (Infringement Notices) Regulations 2020 Pt. 3 | SL 2020/162 25 Sep 2020 | 29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a)) |
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined term Provision(s)
Certificate of Authority 3
Commissioner of Police 3
CP Act 3
Form 3
senior police officer 3
Showing the first 10 of 12 provisions. See all provisions