Transport (Safety Schemes Compliance and Enforcement) (Infringements) Amendment Regulations 2015

Authorised by the Chief Parliamentary Counsel Authorised Version i Transport (Safety Schemes Compliance and Enforcement) (Infringements) Amendment Regulations 2015 S.R. No. 76/2015 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 2 4 Schedule 2 ═══════════════ Endnotes 7 -- 1 of 8 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2015 S.R. No. 76/2015 Transport (Safety Schemes Compliance and Enforcement) Act 2014 Transport (Safety Schemes Compliance and Enforcement) (Infringements) Amendment Regulations 2015 The Governor in Council makes the following Regulations: Dated: 23 June 2015 Responsible Minister: JACINTA ALLAN Minister for Public Transport YVETTE CARISBROOKE Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014— (a) to prescribe offences under the Port Management (Local Ports) Regulations 2015 and the Marine Safety Regulations 2012 as transport safety infringements; and (b) to prescribe penalties for those transport safety infringements. 2 Authorising provision These Regulations are made under section 132 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014. -- 2 of 8 -- Transport (Safety Schemes Compliance and Enforcement) (Infringements) Amendment Regulations 2015 S.R. No. 76/2015 2 Authorised by the Chief Parliamentary Counsel 3 Commencement These Regulations come into operation on 27 June 2015. 4 Schedule (1) In the Schedule to the Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 20141 , after item 63 insert— "63A reg. 96(8) Being master of a recreational vessel, unless equipment complies with specified requirements 1·25 penalty units 9371 (hand-held smoke signals exceeding manufacturer's expiry date) 9372 (hand-held distress flare exceeding manufacturer's expiry date) 9373 (red star distress rocket exceeding manufacturer's expiry date)". (2) In the Schedule to the Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014, above item 82 in Column 2, for "Port Management (Local Ports) Regulations 2004" substitute "Port Management (Local Ports) Regulations 2015". (3) In the Schedule to the Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014, for items 82 to 94 substitute— -- 3 of 8 -- Transport (Safety Schemes Compliance and Enforcement) (Infringements) Amendment Regulations 2015 S.R. No. 76/2015 3 Authorised by the Chief Parliamentary Counsel "82 reg. 22 Fail to have permit in possession while engaging in an activity or accessing an area 2 penalty units 9350 83 reg. 23 Fail to produce permit for inspection on request while engaging in activity or accessing an area 2 penalty units 9351 84 reg. 26(1) Engage in prohibited or restricted activity in an area subject to a set aside determination 2 penalty units 9352 85 reg. 27(1) Enter into or remain in area subject to a set aside determination where access is prohibited or restricted 2 penalty units 9353 86 reg. 29(1) Install a mooring in a local port without a permit 2 penalty units 5831 87 reg. 29(2) Moor vessel to a structure not provided or approved by port manager without a permit 2 penalty units 9354 88 reg. 30(1) Berth vessel in a prohibited berthing area without a permit 2 penalty units 5824 89 reg. 30(2) Moor vessel in a prohibited mooring area without a permit 2 penalty units 5823 -- 4 of 8 -- Transport (Safety Schemes Compliance and Enforcement) (Infringements) Amendment Regulations 2015 S.R. No. 76/2015 4 Authorised by the Chief Parliamentary Counsel 90 reg. 31(1) Berth vessel in a permit-only berthing area without a permit 2 penalty units 5826 91 reg. 31(2) Moor vessel in a permit-only mooring area without a permit 2 penalty units 5825 92 reg. 32 Anchor vessel in a mooring area without a permit 2 penalty units 9355 93 reg. 33(1)(a) Allow vessel to be berthed or moored for a continuous period exceeding a specified period 2 penalty units 5827 94 reg. 33(1)(b) Allow vessel to be berthed or moored for a continuous period exceeding 48 hours 2 penalty units 5832 94A reg. 41(1) Cause or permit propeller or other propulsion system to be operated while vessel is berthed at wharf 2 penalty units 9356 94B reg. 43 Enter or park vehicle in an area not subject to a set aside determination or without a permit 2 penalty units 5833 94C reg. 49 Camp in a local port without a permit 2 penalty units 9357 94D reg. 50(1) Jump or dive from a wharf, natural asset or structure on a wharf in contravention of sign or notice 2 penalty units 9358 -- 5 of 8 -- Transport (Safety Schemes Compliance and Enforcement) (Infringements) Amendment Regulations 2015 S.R. No. 76/2015 5 Authorised by the Chief Parliamentary Counsel 94E reg. 51(1) Swim, bathe, snorkel or scuba dive under or within 20 metres of a wharf in contravention of sign or notice 2 penalty units 9359 94F reg. 52(1) Clean fish on a wharf or other structure in a local port in an area not subject to a set aside determination or without a permit 2 penalty units 9360 94G reg. 52(2) Leave or store fishing-related equipment in an area not subject to a set aside determination or without a permit 2 penalty units 9361 94H reg. 52(3) Stretch or repair fishing equipment in an area not subject to a set aside determination or without a permit 2 penalty units 9362 94I reg. 53 Fail to retrieve fishing rod or line when a vessel approaches or departs from a wharf 2 penalty units 9363 94J reg. 56(1) Cut, break, or destroy vessel mooring 2 penalty units 9364 94K reg. 56(2) Interfere with, cast off or remove vessel from wharf or mooring 2 penalty units 9365 -- 6 of 8 -- Transport (Safety Schemes Compliance and Enforcement) (Infringements) Amendment Regulations 2015 S.R. No. 76/2015 6 Authorised by the Chief Parliamentary Counsel 94L reg. 57 Damage, deface or interfere with port manager's property or infrastructure without a permit 2 penalty units 9366 94M reg. 60 Leave or deposit litter or other industrial waste in a manner not permitted 2 penalty units 9367 94N reg. 62 Damage, obstruct or interfere with road, footpath, footway, access area, unloading area or gate without a permit 2 penalty units 9368 94O reg. 63(1) Fail to close gate after using it that is bearing a sign or notice stating the gate is to be kept closed at all times 2 penalty units 9369 94P reg. 65 Light, kindle, use or maintain a fire in a manner not permitted 2 penalty units 9370 94Q reg. 66(3) Fail to comply with a direction from a port manager, transport safety officer or police officer 2 penalty units 5834". ═══════════════ -- 7 of 8 -- Endnotes Transport (Safety Schemes Compliance and Enforcement) (Infringements) Amendment Regulations 2015 S.R. No. 76/2015 7 Authorised by the Chief Parliamentary Counsel Endnotes 1 Reg. 4(1): S.R. No. 32/2014. —— Penalty Units These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit. The value of a penalty unit for the financial year commencing 1 July 2014 is $147.61 and for the financial year commencing 1 July 2015 is $151.67. The amount of the calculated penalty may be rounded to the nearest dollar. The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. -- 8 of 8 --