Public Health and Wellbeing Amendment (Compliance) Regulations 2020 (Vic)

Public Health and Wellbeing Amendment (Compliance) Regulations 2020

S.R. No. 86/2020

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3New Division 2A of Part 7 inserted

4Schedule 8—Infringements

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Endnotes

STATUTORY RULES 2020

S.R. No. 86/2020

Public Health and Wellbeing Act 2008

Public Health and Wellbeing Amendment (Compliance) Regulations 2020

The Governor in Council makes the following Regulations:

Dated: 22 August 2020

Responsible Minister:

JENNY MIKAKOS
Minister for Health

CLAIRE CHISHOLM

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Public Health and Wellbeing Regulations 2019 to insert a new offence, to prescribe the new offence as an infringement offence for the purposes of section 209 of the Public Health and Wellbeing Act 2008 and to prescribe penalties for the offence.

2Authorising provision

These Regulations are made under section 232 of the Public Health and Wellbeing Act 2008.

3New Division 2A of Part 7 inserted

After Division 2 of Part 7 of the Public Health and Wellbeing Regulations 2019[1] insert—

"Division 2A—Compliance

100ACompliance with a direction or requirement by a person directed to exercise public health risk powers under section 24 of the Emergency Management Act 1986

A person must not, without reasonable excuse, refuse or fail to comply with a direction given to the person, or a requirement made of the person, to provide their name and address, by a person directed under section 24 of the Emergency Management Act 1986 to exercise a public health risk power referred to in section 190(1)(e) of the Act.

Penalty:20 penalty units.".

4Schedule 8—Infringements

In Table 1 of Schedule 8 to the Public Health and Wellbeing Regulations 2019, after item 61 insert—

"61A R. 100A 10 penalty units".

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Endnotes

[1] Reg. 3: S.R. No. 135/2019 as amended by S.R. Nos 4/2020, 5/2020, 20/2020, 76/2020 and 79/2020.

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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 2020 is $165.22.

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.