Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Transport (Safety Schemes Compliance and
Enforcement) (Infringements) Regulations 2014
S.R. No. 32/2014
TABLE OF PROVISIONS
Regulation Page
1 Objectives 1
2 Authorising provision 1
3 Commencement 2
4 Definitions 2
5 Safety work infringements 2
6 Transport safety infringements 2
7 Infringement notices 3
__________________
SCHEDULE—Transport Safety Infringements 4
Offences Against Marine Safety Laws 4
Offences Against Bus Safety Laws 32
Offences Against Local Rail Safety Laws 36
═══════════════
ENDNOTES 38
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Authorised by the Chief Parliamentary Counsel
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1
STATUTORY RULES 2014
S.R. No. 32/2014
Transport (Safety Schemes Compliance and Enforcement) Act
2014
Transport (Safety Schemes Compliance and
Enforcement) (Infringements) Regulations 2014
The Governor in Council makes the following Regulations:
Dated: 13 May 2014
Responsible Minister:
TERRY MULDER
Minister for Public Transport
CHIARA EDWARDS
Acting Clerk of the Executive Council
1 Objectives
The objectives of these Regulations are to—
(a) prescribe penalties for safety work
infringements; and
(b) prescribe transport safety infringements and
infringement penalties in respect of those
infringements; and
(c) prescribe information to appear in
infringement notices.
2 Authorising provision
These Regulations are made under section 132 of
the Transport (Safety Schemes Compliance and
Enforcement) Act 2014.
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3 Commencement
These Regulations come into operation on 19 May
2014.
4 Definitions
In these Regulations—
infringement notice means a safety work
infringement notice or a transport safety
infringement notice;
Notice means Notice No. 1 made under
section 15(2) of the Marine Act 1988
published in Government Gazette
Number G 26 on 2 July 1998 (pages 1706
to 1824) as amended from time to time.
Note
This Notice is taken to be waterway rules under
section 342 of the Marine Safety Act 2010;
the Act means the Transport (Safety Schemes
Compliance and Enforcement) Act 2014.
5 Safety work infringements
For the purposes of section 94(5) of the Act, the
amount prescribed for the penalty for a safety
work infringement (code 3220) is 3 penalty units.
6 Transport safety infringements
(1) For the purposes of the definition of transport
safety infringement in section 3 of the Act, an
offence set out in Column 2 of the Table in the
Schedule is prescribed as a transport safety
infringement.
(2) For the purposes of section 93(4) of the Act, the
amount prescribed for a transport safety
infringement penalty is the amount set out in
Column 4 of the Table in the Schedule opposite
the corresponding prescribed offence set out in
Column 2 of that Table.
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(3) A description of an offence set out in Column 3 of
the Table in the Schedule opposite an offence set
out in Column 2 of that Table is for convenience
of reference only and does not affect the nature or
elements of the offence to which such a
description refers or the operation of these
Regulations.
Note
Column 5 of the Table in the Schedule contains codes by
which an infringement offence may be identified.
7 Infringement notices
(1) In addition to the requirements of section 13 of the
Infringements Act 2006, an infringement notice
must state whether it is—
(a) a safety work infringement; or
(b) a transport safety infringement.
(2) If the infringement notice is a safety work
infringement notice, the infringement notice must
explain the effect of sections 95 and 96 of the Act.
__________________
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SCHEDULE
Regulation 6
TRANSPORT SAFETY INFRINGEMENTS
Offences Against Marine Safety Laws
Column 1
Item
number
Column 2
Prescribed
offence
Column 3
Short description of
offence
Column 4
Infringement
penalty
Column 5
Code
Marine Safety
Act 2010
1 s. 37(1) As owner, cause or
allow an
unregistered vessel
or vessel not
exempt from
registration to be
operated
5 penalty
units
2252
2 s. 37(2) As master, operate
an unregistered
vessel or vessel not
exempt from
registration
5 penalty
units
2251
3 s. 37(3) As owner or
master, cause or
allow operation of
a vessel in breach
of a condition of
registration
2 penalty
units
2253
4 s. 46(1),
s. 49(1)
Act as master of a
registered
recreational or
regulated hire and
drive vessel
without a marine
licence
5 penalty
units
5799
Sch.
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Column 1
Item
number
Column 2
Prescribed
offence
Column 3
Short description of
offence
Column 4
Infringement
penalty
Column 5
Code
5 s. 46(2),
s. 49(2)
Operate a
registered
recreational vessel
or regulated hire
and drive vessel in
breach of a
condition of a
marine licence
2 penalty
units
5706
6 s. 47(1),
s. 50(1)
Act as master of a
prescribed class or
type of registered
recreational vessel
or regulated hire
and drive vessel
without a licence
endorsement for
that class or type of
vessel
5 penalty
units
5800
7 s. 47(2),
s. 50(2)
Operate a
prescribed class or
type of registered
recreational vessel
or regulated hire
and drive vessel in
breach of a
prescribed
condition or
condition of the
licence
endorsement for
that class or type of
vessel
2 penalty
units
5707
Sch.
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Column 1
Item
number
Column 2
Prescribed
offence
Column 3
Short description of
offence
Column 4
Infringement
penalty
Column 5
Code
8 s. 59 Act as master of a
registered
recreational vessel
in breach of a
condition of a
licence or
certificate issued in
another State or
Territory or
country
2 penalty
units
5708
9 s. 61 Act as master of a
registered
recreational vessel
without being in
possession of a
marine licence
document
1 penalty
unit
5709
10 s. 80 Enter, leave or
navigate or attempt
to do so within
waters for which
local knowledge
certificate required
2 penalty
units
9439
11 s. 162A(4) Failing to allow a
vessel or
equipment on
vessel to be
inspected
2 penalty
units
5848
12 An offence
against
s. 162A(5)
constituted by
a failure to
comply with
s. 162A(2)(b)
Failing to stop or
manoeuvre a vessel
and produce for
inspection
equipment
specified in a
direction
2 penalty
units
5849
Sch.
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Column 1
Item
number
Column 2
Prescribed
offence
Column 3
Short description of
offence
Column 4
Infringement
penalty
Column 5
Code
13 s. 162C(2) Failing to provide
information
concerning the
identity and the
location of the
owner or master of
a vessel
1⋅47
penalty
units
5850
14 An offence
against s. 197
constituted by
a failure to
comply with
cl. 2(a) of the
Notice
Operate a vessel at
a speed exceeding
5 knots within
50 metres of a
person
2 penalty
units
2257
15 An offence
against s. 197
constituted by
a failure to
comply with
cl. 2(b) of the
Notice
Operate a vessel at
a speed exceeding
5 knots within
100 metres of a
dive flag
2 penalty
units
2258
16 An offence
against s. 197
constituted by
a failure to
comply with
cl. 2(c) of the
Notice
Operate a vessel at
a speed exceeding
5 knots within
50 metres of
another vessel
2 penalty
units
2259
17 An offence
against s. 197
constituted by
a failure to
comply with
cl. 3 of the
Notice
Operate a vessel at
a speed exceeding
5 knots within
50 metres of the
water's edge or a
structure
2 penalty
units
2261
Sch.
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Column 1
Item
number
Column 2
Prescribed
offence
Column 3
Short description of
offence
Column 4
Infringement
penalty
Column 5
Code
18 An offence
against s. 197
constituted by
a failure to
comply with
cl. 4(a) of the
Notice
Operate a vessel at
a speed exceeding
5 knots within
200 metres of the
water's edge except
in an access lane
2 penalty
units
5793
19 An offence
against s. 197
constituted by
a failure to
comply with
cl. 4(b) of the
Notice
Operate a vessel at
a speed exceeding
5 knots within
50 metres of a
wharf or similar
structure except in
an access lane
2 penalty
units
5794
20 An offence
against s. 197
constituted by
a failure to
comply with
cl. 4(c) of the
Notice
Operate a vessel at
a speed exceeding
5 knots when
passing through an
anchorage for
small craft
2 penalty
units
5795
21 An offence
against s. 197
constituted by
a failure to
comply with
cl. 6(1)(a) of
the Notice
Operate a vessel
towing a water-
skier at greater
than 5 knots and
depart from or
return to the shore
other than through
an access lane
2 penalty
units
5796
22 An offence
against s. 197
constituted by
a failure to
comply with
cl. 6(1)(b) of
the Notice
Engage in water-
skiing at greater
than 5 knots and
depart from or
return to the shore
other than through
an access lane
2 penalty
units
5797
Sch.
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Column 1
Item
number
Column 2
Prescribed
offence
Column 3
Short description of
offence
Column 4
Infringement
penalty
Column 5
Code
23 An offence
against s. 197
constituted by
a failure to
comply with
cl. 6(2) of the
Notice
Use an access lane
other than for a
purpose specified
in cl. 6(2) of the
Notice
2 penalty
units
5798
24 An offence
against s. 197
constituted by
a failure to
comply with
cl. 6(3)(a) of
the Notice
Operate a vessel in
an access lane at a
speed greater than
reasonably
required
2 penalty
units
5801
25 An offence
against s. 197
constituted by
a failure to
comply with
cl. 6(3)(b) of
the Notice
Operate a vessel in
an access lane and
fail to remove or
beach vessel and
secure equipment
2 penalty
units
5802
26 An offence
against s. 197
constituted by
a failure to
comply with
cl. 6(3)(c) of
the Notice
Operate a vessel in
an access lane and
fail to keep right or
left as required
2 penalty
units
5803
27 An offence
against s. 197
constituted by
a failure to
comply with
cl. 6(3)(d) of
the Notice
Operate a vessel in
an access lane and
fail to give way
2 penalty
units
5804
Sch.
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Column 1
Item
number
Column 2
Prescribed
offence
Column 3
Short description of
offence
Column 4
Infringement
penalty
Column 5
Code
28 An offence
against s. 197
constituted by
a failure to
comply with
cl. 7 of the
Notice
Operate a vessel at
a speed exceeding
the speed limit
specified in the
Notice for the area
of water
2 penalty
units
2264
29 An offence
against s. 197
constituted by
a failure to
comply with
cl. 8 of the
Notice
Enter prohibited
area towing water-
skier or when
water-skiing
2 penalty
units
2265
30 An offence
against s. 197
constituted by
a failure to
comply with
cl. 9 of the
Notice
Operate a vessel in
a prohibited area
2 penalty
units
2266
31 An offence
against s. 197
constituted by
a failure to
comply with
cl. 10 of the
Notice
Operate a vessel
with an engine in a
prohibited area
2 penalty
units
2267
32 An offence
against s. 197
constituted by
a failure to
comply with
cl. 11 of the
Notice
Fail to operate
vessel in a manner
which creates
minimal or no
wash in a no wash
zone
2 penalty
units
2268
Sch.
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Column 1
Item
number
Column 2
Prescribed
offence
Column 3
Short description of
offence
Column 4
Infringement
penalty
Column 5
Code
33 An offence
against s. 197
constituted by
a failure to
comply with
cl. 12 of the
Notice
Operate a vessel or
engage in an
activity in a
prohibited area of
water
2 penalty
units
2270
34 An offence
against s. 197
constituted by
a failure to
comply with
cl. 13 of the
Notice
Use waters
contrary to
conditions of use
specified in the
Notice
2 penalty
units
2271
35 An offence
against s. 197
constituted by
a failure to
comply with
cl. 14 of the
Notice
Operate a vessel
with an engine in a
direction other than
as permitted by the
Notice in inland
waters
2 penalty
units
2269
36 An offence
against s. 197
constituted by
a failure to
comply with
cl. 15 of the
Notice
Fail to give way to
another vessel
when departing
from shore on a
vessel with an
engine
2 penalty
units
2272
37 An offence
against s. 197
constituted by
a failure to
comply with
cl. 16 of the
Notice
Bathe within
50 metres of a
launching ramp
being used or
about to be used or
an access lane
2 penalty
units
2298
Sch.
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Column 1
Item
number
Column 2
Prescribed
offence
Column 3
Short description of
offence
Column 4
Infringement
penalty
Column 5
Code
38 An offence
against s. 197
constituted by
a failure to
comply with
cl. 17 of the
Notice
Operate a sailboard
in contravention of
cl. 17 of the Notice
2 penalty
units
2260
39 An offence
against s. 197
constituted by
a failure to
comply with
cl. 19(b) of
the Notice
Operate a vessel
towing more than
3 water-skiers
2 penalty
units
5805
40 An offence
against s. 197
constituted by
a failure to
comply with
cl. 19(c) of
the Notice
Operate a vessel
towing a water-
skier between one
hour after sunset
and one hour
before sunrise
2 penalty
units
5806
41 An offence
against s. 197
constituted by
a failure to
comply with
cl. 22 of the
Notice
Operate a
recreational or hire
and drive vessel
engaged in diving
operations without
exhibiting a flag
indicating diver
below that
complies with the
Notice
2 penalty
units
2300
42 An offence
against s. 197
constituted by
a failure to
comply with
cl. 23 of the
Notice
Engage in diving
without a buoy or
flag displayed that
complies with the
Notice
2 penalty
units
2301
Sch.
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Column 1
Item
number
Column 2
Prescribed
offence
Column 3
Short description of
offence
Column 4
Infringement
penalty
Column 5
Code
43 An offence
against s. 197
constituted by
a failure to
comply with
cl. 23A of the
Notice
Permit vessel to be
moored or secured
to navigation
marker, beacon,
buoy, pole or post
2 penalty
units
2316
44 An offence
against s. 197
constituted by
a failure to
comply with
cl. 23B of the
Notice
Allow vessel to be
anchored in a
channel that is
marked with
beacons or buoys
2 penalty
units
2317
Marine Safety
Regulations
2012
45 reg. 15 Failing to notify
the Safety Director
of a change of
details to the vessel
provided under
regulation 11(2)(d)
1 penalty
unit
5862
46 reg. 16 Failing to notify
the Safety Director
of a change of
name or address of
registered person
1 penalty
unit
5863
47 reg. 17 As person
disposing of vessel
registered in
person's name, fail
to comply with
transfer
requirements
1 penalty
unit
5864
Sch.
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Column 1
Item
number
Column 2
Prescribed
offence
Column 3
Short description of
offence
Column 4
Infringement
penalty
Column 5
Code
48 reg. 18 As person
acquiring
registered vessel,
fail to comply with
transfer
requirements
1 penalty
unit
5865
49 reg. 24(2) As owner of a
registered
recreational vessel,
fail to fix
registration label
on vessel in
conspicuous
position
1 penalty
unit
2254
50 reg. 24(3) As owner of a
registered
recreational vessel
that is not a
personal
watercraft, fail
to ensure
identification mark
is painted or
displayed in certain
positions on vessel
2 penalty
units
5810
51 reg. 24(5) As owner of a
registered
recreational vessel
that is a personal
watercraft, fail
to ensure
identification mark
is painted or
displayed in certain
positions on vessel
2 penalty
units
5811
52 reg. 24(7) Act as master of a
registered vessel
without
identification mark
displayed
2 penalty
units
2255
Sch.
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Column 1
Item
number
Column 2
Prescribed
offence
Column 3
Short description of
offence
Column 4
Infringement
penalty
Column 5
Code
53 reg. 91(1) As master of a
recreational vessel
or hire and drive
vessel, permit
vessel to be fuelled
at a wharf, jetty or
pier with
passengers on
board
2 penalty
units
2289
54 reg. 91(2) As master of a
recreational vessel
or hire and drive
vessel, permit
recreational vessel
or hire and drive
vessel to be
restarted after
being fuelled at a
wharf, jetty or pier
with passengers on
board
2 penalty
units
5813
55 reg. 92(1) Act as master of an
overloaded
recreational vessel
or hire and drive
vessel
2 penalty
units
2293
56 reg. 93 Act as master of a
recreational vessel
or hire and drive
vessel with
overloaded flying
bridge
2 penalty
units
5814
Sch.
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Column 1
Item
number
Column 2
Prescribed
offence
Column 3
Short description of
offence
Column 4
Infringement
penalty
Column 5
Code
57 reg. 94(1) As master of a hire
and drive vessel,
permit vessel to go
outside limits
specified in safe
operation
certificate
2 penalty
units
2326
58 reg. 95 As master of a
vessel, tow a
person without
using an observer
2 penalty
units
5812
59 reg. 96(1) Act as master of a
recreational vessel
in coastal waters if
vessel is not
equipped with
sufficient quantity
of particular items
of equipment
1⋅25
penalty
units
5756
(compasses)
5757
(buckets with
lanyards)
5759
(red star
parachute
distress
rockets)
5765
(dinghies or
life rafts)
5753
(anchors,
chains or
lines)
5760
(hand-held
orange
smoke
signals)
Sch.
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Column 1
Item
number
Column 2
Prescribed
offence
Column 3
Short description of
offence
Column 4
Infringement
penalty
Column 5
Code
5761
(hand-held
red distress
flares)
5754
(electric or
manual bilge
pumping
systems)
5755
(bailers)
5762
(oars,
rowlocks or
paddles)
5763
(waterproof
buoyant
torches)
5764
(lifebuoys)
60 reg. 96(2) Act as master of a
recreational vessel
in coastal waters if
vessel is not
equipped with
sufficient quantity
of particular items
of equipment
2 penalty
units
2340
(EPIRB)
5758 (marine
radios)
5752
(personal
flotation
devices)
Sch.
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Column 1
Item
number
Column 2
Prescribed
offence
Column 3
Short description of
offence
Column 4
Infringement
penalty
Column 5
Code
61 reg. 96(3) Act as master of a
recreational vessel
in enclosed waters
if vessel is not
equipped with
sufficient quantity
of particular items
of equipment
1⋅25
penalty
units
5753
(anchors,
chains or
lines)
5760 (hand-
held orange
smoke
signals)
5761 (hand-
held red
distress
flares)
5754
(electric or
manual bilge
pumping
systems)
5755
(bailers)
5762
(oars,
rowlocks or
paddles)
5763
(waterproof
buoyant
torches)
5764
(lifebuoys)
62 reg. 96(4),
reg. 96(6)
Act as master of a
recreational vessel
in enclosed or
inland waters if
vessel is not
equipped with
sufficient quantity
of particular items
of equipment
2 penalty
units
5752
(personal
flotation
devices)
Sch.
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Column 1
Item
number
Column 2
Prescribed
offence
Column 3
Short description of
offence
Column 4
Infringement
penalty
Column 5
Code
63 reg. 96(5) Act as master of a
recreational vessel
in inland waters if
vessel is not
equipped with
sufficient quantity
of particular items
of equipment
1⋅25
penalty
units
5754
(electric or
manual bilge
pumping
systems)
5755
(bailers)
5762
(oars,
rowlocks or
paddles)
5763
(waterproof
buoyant
torches)
5764
(lifebuoys)
64 reg. 97(1)(a) As master of a
recreational vessel,
fail to ensure that
the vessel has the
required number of
portable fire
extinguishers
1⋅25
penalty
units
5766
65 reg. 97(1)(b) As master of a
recreational vessel,
fail to ensure that
the vessel has a
portable fire
extinguisher that
has the required
minimum nominal
capacity
1⋅25
penalty
units
5767
Sch.
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Column 1
Item
number
Column 2
Prescribed
offence
Column 3
Short description of
offence
Column 4
Infringement
penalty
Column 5
Code
66 reg. 98(3) As master of a
recreational vessel,
fail to keep
portable fire
extinguishers in
separate positions
on vessel
1⋅25
penalty
units
5770
67 reg. 99(2) Being owner of a
recreational vessel,
cause or allow
vessel to be
operated with
required safety
equipment that has
not been
maintained as
required
1⋅25
penalty
units
5768
68 reg. 99(3) Being owner of a
recreational vessel,
cause or allow
vessel to be
operated with
required safety
equipment that has
not been serviced
as required
1⋅25
penalty
units
5769
69 reg. 100(1),
reg. 100(2),
reg. 100(3)
Fail to wear
required personal
flotation device
while in open area
of recreational
vessel or hire and
drive vessel of 4⋅8
metres or less in
length that is
underway
2 penalty
units
5771
Sch.
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21
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Column 1
Item
number
Column 2
Prescribed
offence
Column 3
Short description of
offence
Column 4
Infringement
penalty
Column 5
Code
70 reg. 101(1) in
any of the
circumstances
described in
reg. 101(4)(a),
(b), (c), (d)
or (e)
Fail to wear
required personal
flotation device
while in open area
of recreational
vessel or hire and
drive vessel of
greater than
4⋅8 metres in
length that is
underway on
coastal waters
2 penalty
units
5815
71 reg. 101(2) in
any of the
circumstances
described in
reg. 101(4)(a),
(b), (c), (d)
or (e)
Fail to wear
required personal
flotation device
while in open area
of recreational
vessel or hire and
drive vessel of
greater than
4⋅8 metres in
length that is
underway on
enclosed waters
2 penalty
units
5816
72 reg. 101(3) in
any of the
circumstances
described in
reg. 101(4)(a),
(b), (c), (d)
or (e)
Fail to wear
required personal
flotation device
while in open area
of recreational
vessel or hire and
drive vessel of
greater than
4⋅8 metres in
length that is
underway on
inland waters
2 penalty
units
5817
Sch.
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22
Authorised by the Chief Parliamentary Counsel
Column 1
Item
number
Column 2
Prescribed
offence
Column 3
Short description of
offence
Column 4
Infringement
penalty
Column 5
Code
73 reg. 102(1),
reg. 102(2),
reg. 102(3)
Fail to ensure that
person under 10
years of age in
open area of
recreational vessel
or hire and drive
vessel underway
wears required
personal flotation
device
2 penalty
units
5772
74 reg. 103 Fail to wear
required personal
flotation device
while being towed
by vessel
2 penalty
units
5773
75 reg. 104(1) As master of a
recreational vessel
or hire and drive
vessel, cause or
allow vessel to be
operated when
persons on board
are not wearing
required personal
flotation devices
2 penalty
units
5774
76 reg. 104(2) As master of a
recreational vessel,
cause or allow
vessel to tow a
person not wearing
required personal
flotation device
2 penalty
units
5775
Sch.
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23
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Column 1
Item
number
Column 2
Prescribed
offence
Column 3
Short description of
offence
Column 4
Infringement
penalty
Column 5
Code
77 reg. 110(1),
reg. 110(2),
reg. 110(3),
reg. 110(4),
reg. 110(5),
reg. 110(6),
reg. 110(7),
reg. 110(8),
reg. 110(9)
As master, fail to
ensure that vessel
displays required
navigation lights
2 penalty
units
5818
78 reg. 111(1) As master, fail to
ensure that vessel
keeps to right of
channel
2 penalty
units
5819
79 reg. 111(2) As master, fail to
ensure that vessel
keeps out of the
way of a vessel
that can only safely
navigate in a
channel
2 penalty
units
5820
80 reg. 112(1) As master of a
power-driven
vessel, fail to
ensure vessel keeps
out of the way
2 penalty
units
5821
81 reg. 112(2) As master of a
sailing vessel, fail
to ensure vessel
keeps out of the
way
2 penalty
units
5822
Sch.
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24
Authorised by the Chief Parliamentary Counsel
Column 1
Item
number
Column 2
Prescribed
offence
Column 3
Short description of
offence
Column 4
Infringement
penalty
Column 5
Code
Port
Management
(Local Ports)
Regulations
2004
82 reg. 206 As master, moor
vessel in a
prohibited mooring
area
1 penalty
unit
5823
83 reg. 207 As master, berth
vessel in a
prohibited berthing
area
1 penalty
unit
5824
84 reg. 208(1) As master, moor
vessel in a
regulated mooring
area without an
authority
1 penalty
unit
5825
85 reg. 209(1) As master, berth
vessel in a
regulated berthing
area without an
authority
1 penalty
unit
5826
86 reg. 210(1) As master, moor
vessel in a
restricted mooring
area for a period
exceeding the
specified period
1 penalty
unit
5827
87 reg. 210(2) As master, moor
vessel in a
restricted mooring
area at a time other
than the specified
period
1 penalty
unit
5828
Sch.
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25
Authorised by the Chief Parliamentary Counsel
Column 1
Item
number
Column 2
Prescribed
offence
Column 3
Short description of
offence
Column 4
Infringement
penalty
Column 5
Code
88 reg. 211(1) As master, berth
vessel in a
restricted berthing
area for a period
exceeding the
specified period
1 penalty
unit
5829
89 reg. 211(2) As master, berth
vessel in a
restricted berthing
area at a time other
than the specified
period
1 penalty
unit
5830
90 reg. 300(1) Install a mooring in
a local port
1 penalty
unit
5831
91 reg. 301(1) As master, allow
vessel to be
berthed or moored
in unrestricted
berthing or
mooring area for a
continuous period
exceeding 48 hours
without an
authority
1 penalty
unit
5832
92 reg. 400 Leave vehicle
standing in a local
port
1 penalty
unit
5833
93 reg. 531(3) Fail to comply with
direction that
vessel be moved
1 penalty
unit
5834
94 reg. 532(3) Fail to comply with
direction that
vehicle be moved
1 penalty
unit
5835
Sch.
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26
Authorised by the Chief Parliamentary Counsel
Column 1
Item
number
Column 2
Prescribed
offence
Column 3
Short description of
offence
Column 4
Infringement
penalty
Column 5
Code
Marine (Drug,
Alcohol and
Pollution
Control) Act
1988
95 s. 28(1)(b) Operate or be the
master or pilot of a
vessel with—
(a) blood alcohol
level of 0·05
or more but
less than
0·07g/100ml;
or
(b) breath alcohol
level of 0·05
or more but
less than
0·07g/210
litres of
exhaled air—
and—
3 penalty
units
5851
(c) a prescribed
concentration
of zero blood
or breath
alcohol does
not apply to
the person; and
(d) the person is
aged 26 years
or older at the
time of the
transport
safety
infringement
Sch.
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27
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Column 1
Item
number
Column 2
Prescribed
offence
Column 3
Short description of
offence
Column 4
Infringement
penalty
Column 5
Code
96 s. 28(1)(b) Operate or be the
master or pilot of a
vessel with—
(a) blood alcohol
level of 0·05
or more but
less than
0·07g/100ml;
or
(b) breath alcohol
level of 0·05
or more but
less than
0·07g/210
litres of
exhaled air—
and—
3 penalty
units
5852
(c) a prescribed
concentration
of zero blood
or breath
alcohol does
not apply to
the person; and
(d) the person is
aged under
26 years at the
time of the
transport
safety
infringement
97 s. 28(1)(b) Operate or be the
master or pilot of a
vessel with—
(a) blood alcohol
level of 0⋅05
or more but
less than
0⋅07g/100ml;
or
3 penalty
units
5853
Sch.
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28
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Column 1
Item
number
Column 2
Prescribed
offence
Column 3
Short description of
offence
Column 4
Infringement
penalty
Column 5
Code
(b) breath alcohol
level of 0⋅05 or
more but less
than 0⋅07g/210
litres of
exhaled air—
and a prescribed
concentration of
zero blood or
breath alcohol
applies to the
person
98 s. 28(1)(b) Operate or be the
master or pilot of a
vessel with blood
alcohol level of
0⋅07 or more but
less than
0⋅10g/100ml or
breath alcohol
level of 0⋅07 or
more but less than
0⋅10g/210 litres of
exhaled air
3 penalty
units
5854
99 s. 28(1)(b) Operate or be the
master or pilot of a
vessel with—
(a) blood alcohol
level of less
than 0⋅05g/100
ml; or
2⋅5 penalty
units
5855
Sch.
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29
Authorised by the Chief Parliamentary Counsel
Column 1
Item
number
Column 2
Prescribed
offence
Column 3
Short description of
offence
Column 4
Infringement
penalty
Column 5
Code
(b) breath alcohol
level of less
than 0⋅05g/210
litres of
exhaled air—
and a prescribed
concentration of
zero blood or
breath alcohol
applies to the
person
100 s. 28(1)(b) Operate or be the
master or pilot of a
vessel with blood
alcohol level of
0⋅10 or more but
less than
0⋅11g/100 ml or
breath alcohol
level of 0⋅10 or
more but less than
0⋅11g/210 litres of
exhaled air
4⋅25
penalty
units
5856
101 s. 28(1)(b) Operate or be the
master or pilot of a
vessel with blood
alcohol level of
0⋅11 or more but
less than
0⋅12g/100 ml or
breath alcohol
level of 0⋅11 or
more but less than
0⋅12g/210 litres of
exhaled air
4⋅25
penalty
units
5857
Sch.
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30
Authorised by the Chief Parliamentary Counsel
Column 1
Item
number
Column 2
Prescribed
offence
Column 3
Short description of
offence
Column 4
Infringement
penalty
Column 5
Code
102 s. 28(1)(b) Operate or be the
master or pilot of a
vessel with blood
alcohol level of
0⋅12 or more but
less than
0⋅13g/100 ml or
breath alcohol
level of 0⋅12 or
more but less than
0⋅13g/210 litres of
exhaled air
4⋅25
penalty
units
5858
103 s. 28(1)(b) Operate or be the
master or pilot of a
vessel with blood
alcohol level of
0⋅13 or more but
less than
0⋅14g/100 ml or
breath alcohol
level of 0⋅13 or
more but less than
0⋅14g/210 litres of
exhaled air
4⋅25
penalty
units
5859
104 s. 28(1)(b) Operate or be the
master or pilot of a
vessel with blood
alcohol level of
0⋅14 or more but
less than
0⋅15g/100 ml or
breath alcohol
level of 0⋅14 or
more but less than
0⋅15g/210 litres of
exhaled air
4⋅25
penalty
units
5860
Sch.
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31
Authorised by the Chief Parliamentary Counsel
Column 1
Item
number
Column 2
Prescribed
offence
Column 3
Short description of
offence
Column 4
Infringement
penalty
Column 5
Code
105 s. 28(1)(bb) Operate or be the
master or pilot of a
vessel while the
prescribed
concentration of
drugs or more than
the prescribed
concentration of
drugs is present in
blood or oral fluid
3 penalty
units
5861
Sch.
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32
Authorised by the Chief Parliamentary Counsel
Offences Against Bus Safety Laws
Column 1
Item
number
Column 2
Prescribed
offence
Column 3
Short description of
offence
Column 4
Infringement
penalty
Column 5
Code
Bus Safety Act
2009
106 s. 19(1) As accredited bus
operator, failing to
ensure that each
bus used to provide
commercial or
local bus services
undergoes safety
inspection
4 penalty
units
9440
107 s. 19(2) As registered bus
operator, failing to
ensure that each
bus used to provide
commercial or
local bus services
undergoes safety
inspection
4 penalty
units
9441
108 s. 19(3) As accredited or
registered bus
operator, failing to
arrange safety
inspection when
directed for bus
service
4 penalty
units
9442
109 s. 22A(1) Operating bus
service if not
registered or
without an
exemption
12 penalty
units
9443
110 s. 22A(2) As registered bus
operator, failing to
comply with
conditions of
registration
12 penalty
units
9444
Sch.
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33
Authorised by the Chief Parliamentary Counsel
Column 1
Item
number
Column 2
Prescribed
offence
Column 3
Short description of
offence
Column 4
Infringement
penalty
Column 5
Code
111 s. 22A(3) Registered bus
operator registered
in respect of
commercial
minibus service
failing to ensure
driver holds driver
accreditation
12 penalty
units
9445
112 s. 22A(4) Registered bus
operator failing to
ensure driver of
bus holds
appropriate driver
licence
12 penalty
units
9446
113 s. 33(3) Accredited bus
operator failing to
notify Safety
Director of the
recovery of, and to
return the
certificate of
accreditation
4 penalty
units
9447
114 s. 53 Accredited bus
operator failing to
return certificate of
accreditation and
number plates if
accreditation
cancelled or
surrendered
12 penalty
units
9448
115 s. 65 Accredited or
registered bus
operator failing to
notify Safety
Director of
prescribed
incidents
4 penalty
units
9449
Sch.
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34
Authorised by the Chief Parliamentary Counsel
Column 1
Item
number
Column 2
Prescribed
offence
Column 3
Short description of
offence
Column 4
Infringement
penalty
Column 5
Code
Bus Safety
Regulations
2010
116 reg. 7(1) Operator of school
bus failing to
ensure complying
lights and signs
fitted to bus
4 penalty
units
9450
117 reg. 7(3) Driver of school
bus failing to
ensure lights, signs
or hazard warning
device operate
when bus is
stationary
2 penalty
units
9451
118 reg. 7(6) Operator allowing
bus to be used for
school bus service
before lights or
hazard warning
device are
operational
4 penalty
units
9452
119 reg. 8 Failing to ensure
fire extinguishers
fitted on bus are
operational
2 penalty
units
9453
120 reg. 9 Failing to ensure
required safety
notices are
displayed in bus
0·4 penalty
units
9454
121 reg. 10(1) Accredited bus
operator failing to
display number
plates on buses
2 penalty
units
9455
122 reg. 10(2) Displaying
accredited bus
operator plates
when not
accredited
2 penalty
units
9456
Sch.
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35
Authorised by the Chief Parliamentary Counsel
Column 1
Item
number
Column 2
Prescribed
offence
Column 3
Short description of
offence
Column 4
Infringement
penalty
Column 5
Code
123 reg. 16(1) Failing to keep
records in safe and
secure location for
specified period
1 penalty
unit
9457
124 reg. 16(2) Failing to keep
books and records
in the English
language
1 penalty
unit
9458
125 reg. 25(1) Failing to comply
with direction to
undertake
investigation into
bus incident
0·4 penalty
units
9459
126 reg. 25(2) Failing to
commence
investigation
within 7 days of
direction
0·4 penalty
units
9460
127 reg. 25(5) Accredited bus
operator failing to
provide
investigation report
to Safety Director
within specified
time
1 penalty
unit
9461
Sch.
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36
Authorised by the Chief Parliamentary Counsel
Offences Against Local Rail Safety Laws
Column 1
Item
number
Column 2
Prescribed
offence
Column 3
Short description of
offence
Column 4
Infringement
penalty
Column 5
Code
Rail Safety
(Local
Operations)
Act 2006
128 s. 34K(1) Rail transport
operator failing to
maintain register of
safety interface
agreements and
arrangements
2·5 penalty
units
9462
129 s. 34K(2) Road authority
failing to maintain
register of safety
interface
agreements and
arrangements
2·5 penalty
units
9463
130 s. 69A(3) Accredited rail
transport operator
failing to provide
prescribed
information
12 penalty
units
9464
131 s. 69R(2) Registered person
failing to make
documents
available for
inspection
6 penalty
units
9465
132 s. 69R(3) Registered person
failing to maintain
register of
documents
available for
inspection
6 penalty
units
9466
Sch.
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37
Authorised by the Chief Parliamentary Counsel
Column 1
Item
number
Column 2
Prescribed
offence
Column 3
Short description of
offence
Column 4
Infringement
penalty
Column 5
Code
Rail Safety
(Local
Operations)
Regulations
2006
133 reg. 14(1), (2) Failing to review
safety management
system
3 penalty
units
9467
134 reg. 40 Failing to maintain
or prepare records
relating to rail
safety
1 penalty
unit
9468
135 reg. 49(3) Failing to provide
annual report to
Safety Director
2 penalty
units
9469
═══════════════
Sch.
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38
Authorised by the Chief Parliamentary Counsel
ENDNOTES
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 2013 is
$144.36.
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.
Endnotes
-- 39 of 39 --