State Penalties Enforcement (Model By-laws for Trust Land) Amendment Regulation 2017


Queensland Crest

1Short title

This regulation may be cited as the State Penalties Enforcement (Model By-laws for Trust Land) Amendment Regulation 2017.

2Commencement

This regulation commences on 3 April 2017.

3Regulation amended

This regulation amends the State Penalties Enforcement Regulation 2014.

4Amendment of pt 3, hdg (Infringement notice offences etc. for local laws)

Part 3, heading, after ‘laws’—
insert—

and by-laws

5Insertion of new s 6A

Part 3—
insert—

6ADefinitions for part

In this part—
by-law means a by-law that is adopted by a trustee under the Land Act 1994, section 56(7), and is in force.
trustee means either of the following entities appointed under the Land Act 1994, section 44, as a trustee of trust land—
(a)the State;
(b)a statutory body that is established under an Act and represents the State.

6Amendment of s 7 (Infringement notice offences and fines for local laws)

(1)Section 7, heading, after ‘laws’—
insert—

or by-laws

(2)Section 7—
insert—
(2A)An offence against a provision of a by-law that is not an offence against the person and for which a person may be punished by a maximum penalty of not more than 10 penalty units is an offence to which the Act applies (a by-law infringement notice offence).
(2B)The fine payable for a by-law infringement notice offence under an infringement notice is—
(a)if the offence is otherwise punishable by a maximum penalty of not more than 0.5 penalty units—the maximum penalty; or
(b)if the offence is otherwise punishable by a maximum penalty of more than 0.5, but not more than 5, penalty units—0.5 penalty units; or
(c)if the offence is otherwise punishable by a maximum penalty of more than 5, but not more than 10, penalty units—1 penalty unit.
(3)Section 7(2A) to (3)—
renumber as section 7(3) to (5).

7Amendment of s 8 (Administering authority for local law)

(1)Section 8, heading, after ‘law’—
insert—

or by-law

(2)Section 8—
insert—
(2)The administering authority for an infringement notice offence that is an offence against a provision of a by-law, or an infringement notice about the offence, is the trustee that adopted the by-law.

8Amendment of s 9 (Authorised person for infringement notice for offence against local law or minor traffic offence)

(1)Section 9, heading, after ‘law’—
insert—

, by-law

(2)Section 9—
insert—
(1A)An employee of a trustee who is approved by the trustee for the purposes of this subsection is a person authorised to serve an infringement notice for an infringement notice offence that is an offence against a provision of a by-law adopted by the trustee.
(3)Section 9(2), ‘this section’—
omit, insert—

subsection (1)

(4)Section 9(1A) and (2)—
renumber as section 9(2) and (3).

9Amendment of sch 2 (Dictionary)

Schedule 2—
insert—
by-law, for part 3, see section 6A.
trustee, for part 3, see section 6A.