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Infringements (General) Amendment Regulations 2015

Legislation · Victoria · 2020
Authorised Version Infringements (General) Amendment Regulations 2015 S.R. No. 13/2015 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 2 3 Commencement 2 4 Principal Regulations 2 5 How fines on community work permit can be paid 2 6 Schedule 1—Enforcement agencies 2 7 Schedule 2—Specified agencies for the purposes of section 164 3 8 Lodgeable infringement offences—Road Safety Act 1986 3 9 Lodgeable infringement offences—Transport (Compliance and Miscellaneous) Act 1983 3 10 Lodgeable infringement offences—Wildlife Act 1975 3 11 Further lodgeable infringement offences—Agricultural and Veterinary Chemicals (Control of Use) Act 1992 4 12 Further lodgeable infringement offences—Crown Land (Reserves) Act 1978 4 13 Further lodgeable infringement offences—Fisheries Act 1995 5 14 Further lodgeable infringement offences—Royal Botanic Gardens Act 1991 16 ═══════════════ Endnotes 17 Authorised by the Chief Parliamentary Counsel i -- 1 of 18 -- Authorised Version STATUTORY RULES 2015 S.R. No. 13/2015 Infringements Act 2006 Infringements (General) Amendment Regulations 2015 The Governor in Council makes the following Regulations: Dated: 10 March 2015 Responsible Minister: MARTIN PAKULA Attorney-General YVETTE CARISBROOKE Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Infringements (General) Regulations 2006 to— (a) prescribe certain infringement offences under the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, the Crown Land (Reserves) Act 1978, the Fisheries Act 1995, the Road Safety Act 1986, the Royal Botanic Gardens Act 1991, the Transport (Compliance and Miscellaneous) Act 1983 and the Wildlife Act 1975 as lodgeable infringement offences for the purpose of enforcement under the Infringements Act 2006; and (b) amend certain references to government departments to reflect the machinery of government changes ordered by the Authorised by the Chief Parliamentary Counsel 1 -- 2 of 18 -- Infringements (General) Amendment Regulations 2015 S.R. No. 13/2015 Governor in Council on 4 December 2014, which came into effect on 1 January 2015. 2 Authorising provision These Regulations are made under section 168 of the Infringements Act 2006. 3 Commencement These Regulations come into operation on 11 March 2015. 4 Principal Regulations In these Regulations, the Infringements (General) Regulations 20061 are called the Principal Regulations. 5 How fines on community work permit can be paid In regulation 38(2) of the Principal Regulations, for "Department of Justice" (wherever occurring) substitute "Department of Justice and Regulation". 6 Schedule 1—Enforcement agencies (1) In item 8 of Schedule 1 to the Principal Regulations, for "Department of Transport, Planning and Local Infrastructure" substitute "Department of Economic Development, Jobs, Transport and Resources". (2) In item 9 of Schedule 1 to the Principal Regulations, for "Department of Justice" substitute "Department of Justice and Regulation". (3) In item 27 of Schedule 1 to the Principal Regulations, for "Department of Transport, Planning and Local Infrastructure" substitute "Department of Economic Development, Jobs, Transport and Resources". 2 Authorised by the Chief Parliamentary Counsel -- 3 of 18 -- Infringements (General) Amendment Regulations 2015 S.R. No. 13/2015 7 Schedule 2—Specified agencies for the purposes of section 164 (1) In item 25 of Schedule 2 to the Principal Regulations, for "Department of Primary Industries" substitute "Department of Environment, Land, Water and Planning". (2) Item 26 of Schedule 2 to the Principal Regulations is revoked. 8 Lodgeable infringement offences—Road Safety Act 1986 In item 9A.1 of Schedule 3 to the Principal Regulations, after "18(1)(b)," insert "18A(2),". 9 Lodgeable infringement offences—Transport (Compliance and Miscellaneous) Act 1983 In item 11.5 of Schedule 3 to the Principal Regulations, for "and 54(2)" substitute ", 54(2), 57(1), 62(1), 63(3) and 69(6)". 10 Lodgeable infringement offences—Wildlife Act 1975 For item 14.96 of Schedule 3 to the Principal Regulations substitute— "14.96 Regulations 10(1), 10(2), 11(3), 12, 13(1), 13(2), 14(1), 15(2), 16(2), 16(3), 17(1), 18, 20(1), 21, 23(1), 24, 25(1), 27(1), 27(2), 28(1), 29(1), 30(1), 30(2), 35(1), 35(2), 35(3), 35(4), 37(2), 38(1), 39(1), 40(1), 41(1), 42(1), 43(1), 44(1), 45(2), 46(1), 46(2), 46(3), 46(4), 47(2), 47(3), 47(4), 48, 49, 51(1), 51(2), 52(2), 53(2), 54(2), 55(1), 55(3), 56(2), 57(2), 58(2), 59(2), 60(1), 60(2), 60(3), 60(4), 60(5), 61(2) and 63 of the Wildlife (State Game Reserves) Regulations 2014.". 3 Authorised by the Chief Parliamentary Counsel -- 4 of 18 -- Infringements (General) Amendment Regulations 2015 S.R. No. 13/2015 11 Further lodgeable infringement offences— Agricultural and Veterinary Chemicals (Control of Use) Act 1992 In item 1B.1 of Schedule 4 to the Principal Regulations, after "49(4)," insert "52AA,". 12 Further lodgeable infringement offences—Crown Land (Reserves) Act 1978 After item 2A.192 of Schedule 4 to the Principal Regulations insert— "2A.193 Section 13(5) constituted by a contravention of regulation 8(1)(a) of the Crown Land (Reserves) (Camping and Miscellaneous Fees) Regulations 2014. 2A.194 Section 13(5) constituted by a contravention of regulation 8(1)(b) of the Crown Land (Reserves) (Camping and Miscellaneous Fees) Regulations 2014. 2A.195 Section 13(5) constituted by a contravention of regulation 8(1)(c) of the Crown Land (Reserves) (Camping and Miscellaneous Fees) Regulations 2014. 2A.196 Section 13(5) constituted by a contravention of regulation 8(1)(d) of the Crown Land (Reserves) (Camping and Miscellaneous Fees) Regulations 2014. 2A.197 Section 13(5) constituted by a contravention of regulation 8(1)(e) of the Crown Land (Reserves) (Camping and Miscellaneous Fees) Regulations 2014. 4 Authorised by the Chief Parliamentary Counsel -- 5 of 18 -- Infringements (General) Amendment Regulations 2015 S.R. No. 13/2015 2A.198 Section 13(5) constituted by a contravention of regulation 8(2) of the Crown Land (Reserves) (Camping and Miscellaneous Fees) Regulations 2014. 2A.199 Section 13(5) constituted by a contravention of regulation 9(1) of the Crown Land (Reserves) (Camping and Miscellaneous Fees) Regulations 2014. 2A.200 Section 13(5) constituted by a contravention of regulation 9(2) of the Crown Land (Reserves) (Camping and Miscellaneous Fees) Regulations 2014. 2A.201 Section 13(5) constituted by a contravention of regulation 10 of the Crown Land (Reserves) (Camping and Miscellaneous Fees) Regulations 2014. 2A.202 Section 13(5) constituted by a contravention of regulation 11 of the Crown Land (Reserves) (Camping and Miscellaneous Fees) Regulations 2014.". 13 Further lodgeable infringement offences—Fisheries Act 1995 (1) In item 6 of Schedule 4 to the Principal Regulations insert the following definitions— "SDPPBAL means a Scallop Dive (Port Phillip Bay) Fishery Access Licence created by regulation 12(sa) of the Regulations; SUFAL means a Sea Urchin Fishery Access Licence created by regulation 12(sb) of the Regulations;". 5 Authorised by the Chief Parliamentary Counsel -- 6 of 18 -- Infringements (General) Amendment Regulations 2015 S.R. No. 13/2015 (2) After item 6.4 of Schedule 4 to the Principal Regulations insert— "6.4A Section 53(1) constituted by a contravention of regulation 58A of the Regulations. 6.4B Section 53(1) constituted by a contravention of regulation 71A(2) of the Regulations. 6.4C Section 54(6). 6.4D Section 58A(1).". (3) After item 6.14 of Schedule 4 to the Principal Regulations insert— "6.14A Section 71(1). 6.14B Section 89(6).". (4) After item 6.15 of Schedule 4 to the Principal Regulations insert— "6.15A Section 109(3)(a). 6.15B Section 109(3)(b).". (5) In item 6.22 of Schedule 4 to the Principal Regulations, for "or (d)" substitute ", (d) or (f)". (6) After item 6.32 of Schedule 4 of the Principal Regulations insert— "6.32A Regulation 68 of the Regulations. 6.32B Regulation 69 of the Regulations.". (7) After item 6.50 of Schedule 4 to the Principal Regulations insert— "6.50A Regulation 86(7) of the Regulations.". (8) After item 6.79 of Schedule 4 to the Principal Regulations insert— "6.79A Regulation 102A(1) of the Regulations. 6.79B Regulation 102A(2) of the Regulations.". 6 Authorised by the Chief Parliamentary Counsel -- 7 of 18 -- Infringements (General) Amendment Regulations 2015 S.R. No. 13/2015 (9) After item 6.126 of Schedule 4 to the Principal Regulations insert— "6.126A Section 120AC(2) constituted by a failure to comply with regulation 413ZA of the Regulations. 6.126B Section 120AC(2) constituted by a failure to comply with regulation 417T of the Regulations.". (10) After item 6.536 of Schedule 4 to the Principal Regulations insert— "6.537 Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413C of the Regulations. 6.538 Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413D(1) of the Regulations. 6.539 Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413E(1) of the Regulations. 6.540 Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413E(3) of the Regulations. 6.541 Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413F(1) of the Regulations. 6.542 Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413G(1) of the Regulations. 6.543 Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413G(2) of the Regulations. 6.544 Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413H(3) of the Regulations. 7 Authorised by the Chief Parliamentary Counsel -- 8 of 18 -- Infringements (General) Amendment Regulations 2015 S.R. No. 13/2015 6.545 Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413I(1) of the Regulations. 6.546 Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413I(2) of the Regulations. 6.547 Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413J of the Regulations. 6.548 Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413L(1) of the Regulations. 6.549 Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413L(2) of the Regulations. 6.550 Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413L(3) of the Regulations. 6.551 Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413M of the Regulations. 6.552 Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413N of the Regulations. 6.553 Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413O of the Regulations. 6.554 Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413P of the Regulations. 6.555 Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413Q of the Regulations. 8 Authorised by the Chief Parliamentary Counsel -- 9 of 18 -- Infringements (General) Amendment Regulations 2015 S.R. No. 13/2015 6.556 Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413R of the Regulations. 6.557 Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413S of the Regulations. 6.558 Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413T of the Regulations. 6.559 Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413U of the Regulations. 6.560 Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413V(1) of the Regulations. 6.561 Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413V(2) of the Regulations. 6.562 Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413V(3) of the Regulations. 6.563 Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413V(4) of the Regulations. 6.564 Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413W of the Regulations. 6.565 Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413X of the Regulations. 6.566 Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413C of the Regulations. 9 Authorised by the Chief Parliamentary Counsel -- 10 of 18 -- Infringements (General) Amendment Regulations 2015 S.R. No. 13/2015 6.567 Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413D(1) of the Regulations. 6.568 Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413E(1) of the Regulations. 6.569 Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413E(3) of the Regulations. 6.570 Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413F(1) of the Regulations. 6.571 Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413G(1) of the Regulations. 6.572 Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413G(2) of the Regulations. 6.573 Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413H(3) of the Regulations. 6.574 Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413I(1) of the Regulations. 6.575 Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413I(2) of the Regulations. 10 Authorised by the Chief Parliamentary Counsel -- 11 of 18 -- Infringements (General) Amendment Regulations 2015 S.R. No. 13/2015 6.576 Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413J of the Regulations. 6.577 Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413L(1) of the Regulations. 6.578 Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413L(2) of the Regulations. 6.579 Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413L(3) of the Regulations. 6.580 Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413M of the Regulations. 6.581 Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413N of the Regulations. 6.582 Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413O of the Regulations. 6.583 Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413P of the Regulations. 6.584 Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413Q of the Regulations. 11 Authorised by the Chief Parliamentary Counsel -- 12 of 18 -- Infringements (General) Amendment Regulations 2015 S.R. No. 13/2015 6.585 Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413R of the Regulations. 6.586 Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413S of the Regulations. 6.587 Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413T of the Regulations. 6.588 Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413U of the Regulations. 6.589 Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413V(1) of the Regulations. 6.590 Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413V(2) of the Regulations. 6.591 Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413V(3) of the Regulations. 6.592 Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413V(4) of the Regulations. 6.593 Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413W of the Regulations. 12 Authorised by the Chief Parliamentary Counsel -- 13 of 18 -- Infringements (General) Amendment Regulations 2015 S.R. No. 13/2015 6.594 Section 53(1) constituted by the failure of a SUFAL holder to comply with regulation 417E(1) of the Regulations. 6.595 Section 53(1) constituted by the failure of a SUFAL holder to comply with regulation 417F(1) of the Regulations. 6.596 Section 53(1) constituted by the failure of a SUFAL holder to comply with regulation 417F(3) of the Regulations. 6.597 Section 53(1) constituted by the failure of a SUFAL holder to comply with regulation 417G of the Regulations. 6.598 Section 53(1) constituted by the failure of a SUFAL holder to comply with regulation 417I(3) of the Regulations. 6.599 Section 53(1) constituted by the failure of a SUFAL holder to comply with regulation 417J(1) of the Regulations. 6.600 Section 53(1) constituted by the failure of a SUFAL holder to comply with regulation 417J(2) of the Regulations. 6.601 Section 53(1) constituted by the failure of a SUFAL holder to comply with regulation 417K of the Regulations. 6.602 Section 53(1) constituted by the failure of a SUFAL holder to comply with regulation 417M(1) of the Regulations. 6.603 Section 53(1) constituted by the failure of a SUFAL holder to comply with regulation 417M(2) of the Regulations. 6.604 Section 53(1) constituted by the failure of a SUFAL holder to comply with regulation 417M(3) of the Regulations. 13 Authorised by the Chief Parliamentary Counsel -- 14 of 18 -- Infringements (General) Amendment Regulations 2015 S.R. No. 13/2015 6.605 Section 53(1) constituted by the failure of a SUFAL holder to comply with regulation 417N of the Regulations. 6.606 Section 53(1) constituted by the failure of a SUFAL holder to comply with regulation 417O of the Regulations. 6.607 Section 53(1) constituted by the failure of a SUFAL holder to comply with regulation 417P of the Regulations. 6.608 Section 53(1) constituted by the failure of a SUFAL holder to comply with regulation 417Q of the Regulations. 6.609 Section 53(4) constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417E(1) of the Regulations. 6.610 Section 53(4) constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417F(1) of the Regulations. 6.611 Section 53(4) constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417F(3) of the Regulations. 6.612 Section 53(4) constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417G of the Regulations. 6.613 Section 53(4) constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417I(3) of the Regulations. 14 Authorised by the Chief Parliamentary Counsel -- 15 of 18 -- Infringements (General) Amendment Regulations 2015 S.R. No. 13/2015 6.614 Section 53(4) constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417J(1) of the Regulations. 6.615 Section 53(4) constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417J(2) of the Regulations. 6.616 Section 53(4) constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417K of the Regulations. 6.617 Section 53(4) constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417M(1) of the Regulations. 6.618 Section 53(4) constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417M(2) of the Regulations. 6.619 Section 53(4) constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417M(3) of the Regulations. 6.620 Section 53(4) constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417N of the Regulations. 6.621 Section 53(4) constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417O of the Regulations. 6.622 Section 53(4) constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417P of the Regulations. 15 Authorised by the Chief Parliamentary Counsel -- 16 of 18 -- Infringements (General) Amendment Regulations 2015 S.R. No. 13/2015 6.623 Section 53(4) constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417Q of the Regulations.". 14 Further lodgeable infringement offences—Royal Botanic Gardens Act 1991 For item 11AA.2 of Schedule 4 to the Principal Regulations substitute— "11AA.2 Regulations 8(3), 10, 11, 12, 14, 15, 16, 17, 18, 19, 21, 22, 24, 25, 26, 30, 31, 32, 33, 34(2), 35(a), 35(b), 35(c), 35(d), 35(e), 36, 37(a), 37(b), 37(c), 38(1), 38(2), 38(3), 39(1), 39(2), 39(3), 39(4), 39(5), 39(6) and 39(7) of the Royal Botanic Gardens Regulations 2014.". ═══════════════ 16 Authorised by the Chief Parliamentary Counsel -- 17 of 18 -- Endnotes Infringements (General) Amendment Regulations 2015 S.R. No. 13/2015 Endnotes 1 Reg. 4: S.R. No. 76/2006. Reprint No. 4 as at 7 August 2013. Reprinted to S.R. No. 74/2013. Subsequently amended by S.R. Nos 114/2013, 169/2013, 103/2014 and 152/2014. 17 Authorised by the Chief Parliamentary Counsel -- 18 of 18 --