Infringements (General) Amendment Regulations 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Infringements (General) Amendment Regulations 2014 S.R. No. 103/2014 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 2 3 Commencement 2 4 Principal Regulations 2 5 Schedule 3 amended—Casino Control Act 1991 2 6 Schedule 3 amended—Gambling Regulation Act 2003 2 7 Schedule 3 amended—Rail Safety (Local Operations) Act 2006 3 8B Rail Safety (Local Operations) Act 2006 3 8 Schedule 3 amended—Tobacco Act 1987 3 9 Schedule 3 amended—Wildlife Act 1975 3 10 New item 1CB inserted in Schedule 4—Bus Safety Act 2009 3 1CB Bus Safety Act 2009 3 11 Item 2 in Schedule 4 revoked—Co-operatives Act 1996 4 12 Schedule 4 amended—Drugs, Poisons and Controlled Substances Act 1981 4 13 Schedule 4 amended—Environment Protection Act 1970 4 14 Schedule 4 amended—Forests Act 1958 5 15 Schedule 4 amended—Marine Safety Act 2010 5 16 Schedule 4 amended—Mineral Resources (Sustainable Development) Act 1990 5 17 Schedule 4 amended—Port Management Act 1995 7 18 New item 14 inserted in Schedule 4—Sustainable Forests (Timber) Act 2004 8 14 Sustainable Forests (Timber) Act 2004 8 19 New item 1AA inserted in Schedule 4A—Co-operatives National Law (Victoria) 8 1AA Co-operatives National Law (Victoria) 8 ═══════════════ ENDNOTES 9 -- 1 of 10 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2014 S.R. No. 103/2014 Infringements Act 2006 Infringements (General) Amendment Regulations 2014 The Governor in Council makes the following Regulations: Dated: 22 July 2014 Responsible Minister: ROBERT CLARK 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 prescribe certain infringement offences under the Bus Safety Act 2009, the Casino Control Act 1991, the Co-operatives National Law (Victoria), the Drugs, Poisons and Controlled Substances Act 1981, the Environment Protection Act 1970, the Forests Act 1958, the Gambling Regulation Act 2003, the Marine Safety Act 2010, the Mineral Resources (Sustainable Development) Act 1990, the Port Management Act 1995, the Rail Safety (Local Operations) Act 2006, the Sustainable Forests (Timber) Act 2004, the Tobacco Act 1987 and the Wildlife Act 1975 to be lodgeable infringement offences for the purpose of enforcement under the Infringements Act 2006. -- 2 of 10 -- S.R. No. 103/2014 Infringements (General) Amendment Regulations 2014 2 Authorised by the Chief Parliamentary Counsel 2 Authorising provision These Regulations are made under section 168 of the Infringements Act 2006. 3 Commencement These Regulations come into operation on 23 July 2014. 4 Principal Regulations In these Regulations, the Infringements (General) Regulations 2006 1 are called the Principal Regulations. 5 Schedule 3 amended—Casino Control Act 1991 For item 1.1 of Schedule 3 to the Principal Regulations substitute— "1.1 Sections 54A, 56(1), 57(1), 58A(2), 66(1), 77(1), 77(2), 77(3), 79(2), 126(1) and 127(2).". 6 Schedule 3 amended—Gambling Regulation Act 2003 (1) For item 5.1 of Schedule 3 to the Principal Regulations substitute— "5.1 Sections 3.4.14(1), 3.4.14(2), 3.4.14(3), 3.5.8(3), 3.5.25(1), 3.5.26, 3.5.33(3A), 3.5.33(3B), 3.6.9(1), 3.7.5(1), 4.5.19(1), 4.5A.6(5), 4.8.4(1), 4.8.4(1A), 5.7.18, 8.5.9(1), 8.5.9(2), 8.5.38, 8.5A.10(1), 8.5A.10(2), 8.5A.27, 8.6.2(2), 8.6.3(2), 9A.1.6(4), 9A.1.15, 9A.1.18(2), 9A.1.22(1), 10.4A.4(1)(a) and 10.4A.4(1)(c).". (2) After item 5.1 of Schedule 3 to the Principal Regulations insert— "5.2 Regulations 31(3) and 31(5) of the Gambling Regulation Regulations 2005.". r. 2 -- 3 of 10 -- S.R. No. 103/2014 Infringements (General) Amendment Regulations 2014 3 Authorised by the Chief Parliamentary Counsel 7 Schedule 3 amended—Rail Safety (Local Operations) Act 2006 For item 8B of Schedule 3 to the Principal Regulations substitute— "8B Rail Safety (Local Operations) Act 2006 8B.1 Sections 34K(1), 34K(2), 69A(3), 69R(2), 69R(3), 76(1)(a), 77(1)(a), 77(1)(f) and 77(1)(g). 8B.2 Regulations 14(1), 14(2), 40 and 49(3) of the Rail Safety (Local Operations) Regulations 2006.". 8 Schedule 3 amended—Tobacco Act 1987 In item 10A.1 of Schedule 3 to the Principal Regulations, after "5RA(4)," insert "5RC(1), 5RC(3), 5RE(1), 5RE(4), 5RG(1), 5RG(4), 5RI(1), 5RI(4),". 9 Schedule 3 amended—Wildlife Act 1975 In item 14.7 of Schedule 3 to the Principal Regulations, after "43(1)" insert ", 43A(1),". 10 New item 1CB inserted in Schedule 4—Bus Safety Act 2009 After item 1CA of Schedule 4 to the Principal Regulations insert— "1CB Bus Safety Act 2009 1CB.1 Sections 19(1), 19(2), 19(3), 22A(1), 22A(2), 22A(3), 22A(4), 33(3), 53 and 65. 1CB.2 Regulations 7(1), 7(3), 7(6), 8, 9, 10(1), 10(2), 16(1), 16(2), 25(1), 25(2) and 25(5) of the Bus Safety Regulations 2010.". r. 7 -- 4 of 10 -- S.R. No. 103/2014 Infringements (General) Amendment Regulations 2014 4 Authorised by the Chief Parliamentary Counsel 11 Item 2 in Schedule 4 revoked—Co-operatives Act 1996 Item 2 of Schedule 4 to the Principal Regulations is revoked. 12 Schedule 4 amended—Drugs, Poisons and Controlled Substances Act 1981 Before item 3A.1 of Schedule 4 to the Principal Regulations insert— "3A.1AA Section 69SB(1) in relation to the information specified in section 69SB(2)(a). 3A.1AB Section 69SB(1) in relation to the information specified in section 69SB(2)(b). 3A.1AC Section 69SB(1) in relation to the information specified in section 69SB(2)(c). 3A.1AD Sections 69SC, 69SD(1), 69SD(3), 69SF(1), 69SF(2), 69SK(1) and 69SK(2).". 13 Schedule 4 amended—Environment Protection Act 1970 (1) For item 4A.1AA of Schedule 4 to the Principal Regulations substitute— "4A.1AA Section 62A(3A).". (2) After item 4A.1 insert— "4A.2 Regulations 6(1), 6(2) and 7(1) of the Environment Protection (Ships' Ballast Water) Regulations 2006. 4A.3 Regulations 15(2), 15(3), 16, 17(1), 17(2), 17(3), 19(1), 19(2), 19(3), 20(6), 21, 22(1) and 22(2) of the Environment Protection (Vehicle Emissions) Regulations 2013.". r. 11 -- 5 of 10 -- S.R. No. 103/2014 Infringements (General) Amendment Regulations 2014 5 Authorised by the Chief Parliamentary Counsel 14 Schedule 4 amended—Forests Act 1958 After item 6A.2 of Schedule 4 to the Principal Regulations insert— "6A.3 Regulations 16(1), 17(1) and 18(1) of the Forests (Fire Protection) Regulations 2014.". 15 Schedule 4 amended—Marine Safety Act 2010 (1) In item 7BA.1 of Schedule 4 to the Principal Regulations, for "59 and 61" substitute "59, 61 and 80". (2) In item 7BA.4 of Schedule 4 to the Principal Regulations, for "162C" substitute "162C(2)". (3) In item 7BA.36 of Schedule 4 to the Principal Regulations, for ", 24(7) and 89" substitute "and 24(7)". 16 Schedule 4 amended—Mineral Resources (Sustainable Development) Act 1990 (1) In item 7C.1 of Schedule 4 to the Principal Regulations— (a) after "Sections 8," insert "8AA(a), 8AA(b), 8AB(2),"; (b) omit "39(1),". (2) After item 7C.1 of Schedule 4 to the Principal Regulations, insert— "7C.1A Section 39(1) constituted by doing work under a licence that is not in accordance with the licence or the approved work plan because it is done in an area or at a location not authorised in the licence or work plan. 7C.1B Section 39(1) constituted by doing work under a licence that is not in accordance with the licence or the approved work plan because it is done outside of the hours authorised by the licence or work plan. r. 14 -- 6 of 10 -- S.R. No. 103/2014 Infringements (General) Amendment Regulations 2014 6 Authorised by the Chief Parliamentary Counsel 7C.1C Section 39(1) constituted by doing work under a licence that is not in accordance with the licence or the approved work plan because it is done in buffer zones not authorised by the licence or work plan. 7C.1D Section 39(1) constituted by doing work under a licence that is not in accordance with the licence or the approved work plan because it is blasting work not authorised by the licence or work plan. 7C.1E Section 39(1) constituted by doing work under a licence that is not in accordance with the licence or the approved work plan because it exceeds blasting limits specified in the licence or work plan. 7C.1F Section 39(1) constituted by doing work under a licence that is not in accordance with the licence or the approved work plan because it discharges water other than authorised by the licence or work plan. 7C.1G Section 39(1) constituted by doing work under a licence that is not in accordance with the licence or the approved work plan because it exceeds noise limits specified in the licence or work plan. 7C.1H Section 39(1) constituted by doing work under a licence that is not in accordance with the licence or the approved work plan because it is drilling work not authorised by the licence or approved work plan. 7C.1I Section 39(1) constituted by doing work under a licence that is not in accordance with the licence or the approved work plan because it exceeds dust limits specified in the licence or work plan. r. 16 -- 7 of 10 -- S.R. No. 103/2014 Infringements (General) Amendment Regulations 2014 7 Authorised by the Chief Parliamentary Counsel 7C.1J Section 39(1) constituted by doing work under a licence that is not in accordance with the licence or the approved work plan because it removes native vegetation other than authorised by the licence or work plan. 7C.1K Section 39(1) constituted by doing work under a licence that is not in accordance with the licence or the approved work plan because it constructs a fence not in accordance with the licence or work plan. 7C.1L Section 39(1) constituted by doing work under a licence that is not in accordance with the licence or the approved work plan because it rehabilitates a drill-hole, including but not limited to failing to plug a drill-hole, that is not authorised in the licence or work plan. 7C.1M Section 39(1) constituted by doing work under a licence that is not in accordance with the licence or the approved work plan because it involves the storing, handling, transporting, using, disposing or discharging of a chemical other than authorised by the licence or work plan. 7C.1N Sections 95R(2)(a), 110(3) and 116A(1).". (3) After item 7C.2 to Schedule 4 to the Principal Regulations insert— "7C.3 Regulation 16 of the Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010.". 17 Schedule 4 amended—Port Management Act 1995 In item 8B.1 of Schedule 4 to the Principal Regulations, for "Port Services (Local Ports) Regulations 2004" substitute "Port Management (Local Ports) Regulations 2004". r. 17 -- 8 of 10 -- S.R. No. 103/2014 Infringements (General) Amendment Regulations 2014 8 Authorised by the Chief Parliamentary Counsel 18 New item 14 inserted in Schedule 4—Sustainable Forests (Timber) Act 2004 After item 13 of Schedule 4 to the Principal Regulations insert— "14 Sustainable Forests (Timber) Act 2004 14.1 Sections 77D(2), 77E(2), 77G, 77H, 77I, 77J and 77K.". 19 New item 1AA inserted in Schedule 4A— Co-operatives National Law (Victoria) Before item 1 of Schedule 4A to the Principal Regulations insert— "1AA Co-operatives National Law (Victoria) 1AA.1 Sections 116, 120(2), 212, 214(6), 214(8), 216, 217, 219, 220(4), 223, 226(1), 226(3), 226(4), 243(1), 265(2), 289, 290 and 293.". ═══════════════ r. 18 -- 9 of 10 -- S.R. No. 103/2014 Infringements (General) Amendment Regulations 2014 9 Authorised by the Chief Parliamentary Counsel 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 and 169/2013. 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