Conservation, Forests and Lands (Wildlife (Game) Infringement Notices) Regulations 2023 (Vic)

Version No. 001

Conservation, Forests and Lands (Wildlife (Game) Infringement Notices) Regulations 2023

S.R. No. 64/2023

Version as at

27 June 2023

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Prescribed infringement offences

4Prescribed infringement penalties

Schedule 1—Wildlife (Game) infringements

═════════════

Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 001

Conservation, Forests and Lands (Wildlife (Game) Infringement Notices) Regulations 2023

S.R. No. 64/2023

Version as at

27 June 2023

1Objective

The objective of these Regulations is to prescribe—

(a)the offences against a relevant law for which an infringement notice may be served; and

(b)infringement penalties for those infringement offences.

2Authorising provision

These Regulations are made under section 99 of the Conservation, Forests and Lands Act 1987.

3Prescribed infringement offences

For the purposes of section 91(1) of the Conservation, Forests and Lands Act 1987, an offence specified in Column 2 of Schedule 1 is prescribed as an infringement offence.

4Prescribed infringement penalties

For the purposes of section 91(3) of the Conservation, Forests and Lands Act 1987, the prescribed infringement penalty for an infringement offence is the penalty set out in the corresponding entry of Column 3 of Schedule 1 in respect of that infringement offence.

SCHEDULE 1—WILDLIFE (GAME) INFRINGEMENTS

Regulations 3 and 4

In this Schedule—

the Act means the Wildlife Act 1975;

the Regulations means the Wildlife (Game) Regulations 2012[1].

Column 1 Item	Column 2 Prescribed Infringement Offence	Column 3 Infringement Penalty
1	An offence against section 22A(8) of the Act constituted by a contravention of regulation 19(1) of the Regulations	2 penalty units
2	An offence against section 22A(8) of the Act constituted by a contravention of regulation 19(2) of the Regulations	2 penalty units
3	An offence against section 22A(8) of the Act constituted by a contravention of regulation 23 of the Regulations	2 penalty units
4	An offence against section 44(3) of the Act	2 penalty units
5	An offence against section 58C(1) of the Act	6 penalty units
6	An offence against section 58D of the Act	6 penalty units
7	An offence against regulation 11 of the Regulations	0×5 penalty units
8	An offence against regulation 30 of the Regulations	2 penalty units
9	An offence against regulation 32(1) of the Regulations	2 penalty units
10	An offence against regulation 33(1) of the Regulations	1×5 penalty units
11	An offence against regulation 36(1) of the Regulations	2 penalty units
12	An offence against regulation 36(2) of the Regulations	2 penalty units
13	An offence against regulation 36(3) of the Regulations	2 penalty units
14	An offence against regulation 37(1) of the Regulations	2 penalty units
15	An offence against regulation 38(1) of the Regulations	2 penalty units
16	An offence against regulation 39 of the Regulations	2 penalty units
17	An offence against regulation 40 of the Regulations	2 penalty units
18	An offence against regulation 42(1) of the Regulations	1×5 penalty units
19	An offence against regulation 43(1) of the Regulations	2 penalty units
20	An offence against regulation 44 of the Regulations	1 penalty unit
21	An offence against regulation 45(1) of the Regulations	2×5 penalty units
22	An offence against regulation 47 of the Regulations	2 penalty units
23	An offence against regulation 48(1) of the Regulations	1 penalty unit
24	An offence against regulation 49(1) of the Regulations	2 penalty units
25	An offence against regulation 50(1) of the Regulations	2 penalty units
26	An offence against regulation 51 of the Regulations	2 penalty units
27	An offence against regulation 51A of the Regulations	2 penalty units
28	An offence against regulation 51B(1) of the Regulations	2 penalty units
29	An offence against regulation 52 of the Regulations	1 penalty unit
30	An offence against regulation 56(1) of the Regulations	1 penalty unit
31	An offence against regulation 56(2) of the Regulations	1 penalty unit
32	An offence against regulation 57 of the Regulations	1 penalty unit
33	An offence against regulation 58 of the Regulations	1 penalty unit
34	An offence against regulation 59 of the Regulations	1×5 penalty units
35	An offence against regulation 60 of the Regulations	1×5 penalty units
36	An offence against regulation 64 of the Regulations	1×5 penalty units
37	An offence against regulation 65 of the Regulations	1 penalty unit
38	An offence against regulation 66 of the Regulations	1 penalty unit
39	An offence against regulation 67(3) of the Regulations	1 penalty unit
40	An offence against regulation 68 of the Regulations	1 penalty unit
41	An offence against regulation 71(1) of the Regulations	2 penalty units
42	An offence against regulation 72(1) of the Regulations	2 penalty units

═════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Conservation, Forests and Lands (Wildlife (Game) Infringement Notices) Regulations 2023, S.R. No. 64/2023 were made on 27 June 2023 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under section 99 of the Conservation, Forests and Lands Act 1987, No. 41/1987 and came into operation on 27 June 2023.

The Conservation, Forests and Lands (Wildlife (Game) Infringement Notices) Regulations 2023 will sunset 10 years after the day of making on 27 June 2033 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Conservation, Forests and Lands (Wildlife (Game) Infringement Notices) Regulations 2023 by statutory rules, subordinate instruments and Acts.

3   Explanatory details

[1] Sch. 1: S.R. No. 99/2012 as amended by S.R. Nos 161/2012, 53/2014, 2/2018, 19/2018 and 148/2020.

——

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 2022 is $184.92 and for the financial year commencing 1 July 2023 is $192.31.

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.