Funerals (Infringements) Regulations 2021 (Vic)

Version No. 001

Funerals (Infringements) Regulations 2021

S.R. No. 77/2021

Version as at

25 July 2021

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Revocation

5Definition

6Infringement offences and infringement penalties

Schedule 1—Infringement offences and infringement penalties

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Funerals (Infringements) Regulations 2021

S.R. No. 77/2021

Version as at

25 July 2021

1Objective

The objective of these Regulations is to prescribe infringement offences and infringement penalties for the purposes of the Funerals Act 2006.

2Authorising provision

These Regulations are made under section 82 of the Funerals Act 2006.

3Commencement

These Regulations come into operation on 25 July 2021.

4Revocation

The Funerals (Infringements) Regulations 2011[1] are revoked.

5Definition

In these Regulations, the Act means the Funerals Act 2006.

6Infringement offences and infringement penalties

(1)For the purposes of section 81A(1) of the Act, an offence specified in column 2 of the table in Schedule 1 is prescribed as an infringement offence.

(2)For the purposes of section 81A(3) of the Act, the prescribed infringement penalty for an infringement offence is the amount specified in column 3 of the table in Schedule 1 in respect of that infringement offence.

Schedule 1—Infringement offences and infringement penalties

Regulation 6

Column 1 Item	Column 2 Infringement offence	Column 3 Infringement penalty
1	An offence against section 10(1) of the Act	1·25 penalty units
2	An offence against section 10(2) of the Act	1·25 penalty units
3	An offence against section 11(2) of the Act	1·25 penalty units
4	An offence against section 18(2) of the Act	1·25 penalty units
5	An offence against section 21(1) of the Act	5 penalty units
6	An offence against section 22 of the Act	5 penalty units
7	An offence against section 23 of the Act	5 penalty units
8	An offence against section 24(1) of the Act	5 penalty units
9	An offence against section 24(2) of the Act	5 penalty units
10	An offence against section 24(3) of the Act	5 penalty units
11	An offence against section 24(4) of the Act	5 penalty units
12	An offence against section 24(5) of the Act	5 penalty units
13	An offence against section 28(5) of the Act	10 penalty units
14	An offence against section 33(1) of the Act	1·25 penalty units
15	An offence against section 42 of the Act	5 penalty units
16	An offence against section 43 of the Act	5 penalty units
17	An offence against section 49(1) of the Act	5 penalty units
18	An offence against section 50(1) of the Act	5 penalty units
19	An offence against section 51 of the Act	5 penalty units

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Endnotes

1   General information

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

The Funerals (Infringements) Regulations 2021, S.R. No. 77/2021 were made on 6 July 2021 by the Governor in Council under section 82 of the Funerals Act 2006, No. 77/2006 and came into operation on 25 July 2021: regulation 3.

The Funerals (Infringements) Regulations 2021 will sunset 10 years after the day of making on 6 July 2031 (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 Funerals (Infringements) Regulations 2021 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

4   Explanatory details

[1] Reg. 4: S.R. No. 71/2011.

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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.