Conservation, Forests and Lands (Fisheries Infringement Notices) Amendment Regulations 2021 (Vic)
Conservation, Forests and Lands (Fisheries Infringement Notices) Amendment Regulations 2021
S.R. No. 162/2021
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Schedule 1—Fisheries infringement offences and infringement penalties
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Endnotes
STATUTORY RULES 2021
S.R. No. 162/2021
Conservation, Forests and Lands Act 1987
Conservation, Forests and Lands (Fisheries Infringement Notices) Amendment Regulations 2021
The Governor in Council makes the following Regulations:
Dated: 14 December 2021
Responsible Minister:
MELISSA HORNE
Minister for Fishing and BoatingALEXANDRA DEBELJAKOVIC
Clerk of the Executive Council
1Objective
The objective of these Regulations is to make consequential amendments to the Conservation, Forests and Lands (Fisheries Infringement Notices) Regulations 2020 arising from the making of the Fisheries Amendment Regulations 2021.
2Authorising provision
These Regulations are made under section 99 of the Conservation, Forests and Lands Act 1987.
3Commencement
(1)These Regulations (except regulation 4(2)) come into operation on 16 December 2021.
(2)Regulation 4(2) comes into operation on 1 April 2022.
4Schedule 1—Fisheries infringement offences and infringement penalties
(1)In the table in Schedule 1 to the Conservation, Forests and Lands (Fisheries Infringement Notices) Regulations 2020[1]—
(a)items 84 and 310 to 321 are revoked;
(b)the heading preceding item 310 is revoked;
(c)the heading preceding item 316 is revoked.
(2)Items 401, 402, 406, 407, 416, 417, 421 and 422 in the table in Schedule 1 to the Conservation, Forests and Lands (Fisheries Infringement Notices) Regulations 2020 are revoked.
(3)In the table in Schedule 1 to the Conservation, Forests and Lands (Fisheries Infringement Notices) Regulations 2020—
(a)after item 129 insert—
"129A An offence against regulation 374D(1) of the Regulations 3 penalty units 129B An offence against regulation 374E of the Regulations 3 penalty units"; (b)after item 287 insert—
"287A An offence against section 53(1) of the Act constituted by a failure of a licence holder to comply with regulation 187A of the Regulations 3 penalty units"; (c)after item 292 insert—
"292A An offence against section 53(1) of the Act constituted by a failure of a person acting on behalf of a licence holder to comply with regulation 187A of the Regulations 3 penalty units"; (d)after item 306 insert—
"306A An offence against section 53(1) of the Act constituted by a failure of a licence holder to comply with regulation 357(3) of the Regulations 3 penalty units 306B An offence against section 53(1) of the Act constituted by a failure of a licence holder to comply with regulation 357(4) of the Regulations 3 penalty units 306C An offence against section 53(1) of the Act constituted by a failure of a licence holder to comply with regulation 357(5) of the Regulations 3 penalty units"; (e)after item 309 insert—
"309A An offence against section 53(4) of the Act constituted by a failure of a person acting on behalf of a licence holder to comply with regulation 357(3) of the Regulations 3 penalty units 309B An offence against section 53(4) of the Act constituted by a failure of a person acting on behalf of a licence holder to comply with regulation 357(4) of the Regulations 3 penalty units 309C An offence against section 53(4) of the Act constituted by a failure of a person acting on behalf of a licence holder to comply with regulation 357(5) of the Regulations 3 penalty units"; (f)after item 353 insert—
"353A An offence against section 53(1) of the Act constituted by a failure of a licence holder to comply with regulation 240(1A) of the Regulations 3 penalty units 353B An offence against section 53(1) of the Act constituted by a failure of a licence holder to comply with regulation 240(1B) of the Regulations 3 penalty units 353C An offence against section 53(1) of the Act constituted by a failure of a licence holder to comply with regulation 240(1C) of the Regulations 3 penalty units"; (g)for item 370 substitute—
"370 An offence against section 53(1) of the Act constituted by a failure of a licence holder to comply with regulation 386(1) of the Regulations 3 penalty units 370A An offence against section 53(1) of the Act constituted by a failure of a licence holder to comply with regulation 386(2) of the Regulations 3 penalty units 370B An offence against section 53(1) of the Act constituted by a failure of a licence holder to comply with regulation 386(3) of the Regulations 3 penalty units 370C An offence against section 53(1) of the Act constituted by a failure of a licence holder to comply with regulation 386(4) of the Regulations 3 penalty units"; (h)for item 376 substitute—
"376 An offence against section 53(4) of the Act constituted by a failure of a person acting on behalf of a licence holder to comply with regulation 386(1) of the Regulations 3 penalty units 376A An offence against section 53(4) of the Act constituted by a failure of a person acting on behalf of a licence holder to comply with regulation 386(2) of the Regulations 3 penalty units 376B An offence against section 53(4) of the Act constituted by a failure of a person acting on behalf of a licence holder to comply with regulation 386(3) of the Regulations 3 penalty units 376C An offence against section 53(4) of the Act constituted by a failure of a person acting on behalf of a licence holder to comply with regulation 386(4) of the Regulations 3 penalty units"; (i)after item 395 insert—
"395A An offence against section 53(1) of the Act constituted by a failure of a licence holder to comply with regulation 271(1A) of the Regulations 3 penalty units 395B An offence against section 53(1) of the Act constituted by a failure of a licence holder to comply with regulation 271(1B) of the Regulations 3 penalty units 395C An offence against section 53(1) of the Act constituted by a failure of a licence holder to comply with regulation 271(1C) of the Regulations 3 penalty units"; (j)after item 398 insert—
"398A An offence against section 53(4) of the Act constituted by a failure of a person acting on behalf of a licence holder to comply with regulation 271(1A) of the Regulations 3 penalty units 398B An offence against section 53(4) of the Act constituted by a failure of a person acting on behalf of a licence holder to comply with regulation 271(1B) of the Regulations 3 penalty units 398C An offence against section 53(4) of the Act constituted by a failure of a person acting on behalf of a licence holder to comply with regulation 271(1C) of the Regulations 3 penalty units".
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Endnotes
[1] Reg. 4(1): S.R. No. 3/2020.
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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 2021 is $181.74.
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.
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