Public Health and Wellbeing Amendment (Concessional Infringement Scheme) Regulations 2022 (Vic)
Public Health and Wellbeing Amendment (Concessional Infringement Scheme) Regulations 2022
S.R. No. 72/2022
table of provisions
Regulation Page
1Objective
2Authorising provision
3Commencement
4New regulations 115A, 115B and 115C inserted
5Schedule 8—Infringements
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Endnotes
statutory rules 2022
S.R. No. 72/2022
Public Health and Wellbeing Act 2008
Public Health and Wellbeing Amendment (Concessional Infringement Scheme) Regulations 2022
The Governor in Council makes the following Regulations:
Dated: 30 August 2022
Responsible Minister:
MARY-ANNE THOMAS
Minister for Health
Alexandra Debeljakovic
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Public Health and Wellbeing Regulations 2019 to prescribe, for the purposes of Part 8B of the Public Health and Wellbeing Act 2008—
(a)eligible offences; and
(b)eligible persons in relation to those offences; and
(c)amounts for the reduction of infringement penalties in relation to those offences.
2Authorising provision
These Regulations are made under section 232 of the Public Health and Wellbeing Act 2008.
3Commencement
These Regulations come into operation on 30 August 2022.
4New regulations 115A, 115B and 115C inserted
After regulation 115 of the Public Health and Wellbeing Regulations 2019[1] insert—
"115A Prescribed eligible offences for the concessional infringement scheme
For the purposes of section 165CY(1)(a) of the Act, the following offences are prescribed—
(a)an offence set out in Column 2 of an item in Table 1 in Schedule 8 that has a concessional penalty in respect of that offence set out in Column 4 of that item;
(b)an offence set out in Column 2 of an item in Table 2 in Schedule 8 that has a concessional penalty in respect of that offence set out in Column 4 of that item.
115BPrescribed amount in respect of an eligible offence
For the purposes of section 165DC(3)(a) of the Act, the prescribed amount in respect of an eligible offence is the following—
(a)for an offence set out in Column 2 of an item in Table 1 in Schedule 8, the concessional penalty specified in Column 4 of that item;
(b)for an offence set out in Column 2 of an item in Table 2 in Schedule 8, the concessional penalty specified in Column 4 of that item.
115CPrescribed persons eligible for the concessional infringement scheme
For the purposes of section 165DC(1)(b) of the Act, a prescribed person is the following—
(a)an adult who is the holder of a health care card issued under section 1061ZS of the Social Security Act 1991 of the Commonwealth, other than in respect of a child in foster care;
(b)an adult who is the holder of a pensioner concession card issued under section 1061ZF of the Social Security Act 1991 of the Commonwealth;
(c)an adult who is the holder of a Gold Card, being a card issued to a person who is eligible for treatment under Part V of the Veterans' Entitlements Act 1986 of the Commonwealth, other than a dependant (not including the widow or widower) of a veteran;
(d)an adult who is the holder of a Gold Card, being a card issued to a person who is eligible—
(i)for treatment under Part V of the Veterans' Entitlements Act 1986 of the Commonwealth; and
(ii)to receive a pension under section 13(1) of that Act as—
(A)the widow or widower of a veteran within the meaning of that Act; or
(B)a totally and permanently incapacitated veteran to whom section 24 of that Act applies;
(e)an adult who is the holder of a PTV Asylum Seeker ID card issued in accordance with the conditions made under section 220D(1) of the Transport (Compliance and Miscellaneous) Act 1983;
(f)an adult who is the holder of an Evidence of Immigration Status ImmiCard issued by an officer of the Department of Home Affairs of the Commonwealth;
(g)an adult who is the holder of documentation issued by the Department of Home Affairs of the Commonwealth demonstrating that the adult has submitted a valid application for or has been granted—
(i)a protection visa within the meaning of the Migration Act 1958 of the Commonwealth; or
(ii)a visa of subclass 051, 200, 201, 202, 203, 204, 449, 785, 786, 790 or 866 that is referred to in Schedule 1 to the Migration Regulations 1994 of the Commonwealth; or
(iii)a visa of subclass 010, 030 or 050 that is referred to in Schedule 1 to the Migration Regulations 1994 of the Commonwealth and is related to an application for a visa of a subclass referred to in subparagraph (ii) (other than a visa of subclass 051).".
5Schedule 8—Infringements
(1)For Table 1 in Schedule 8 to the Public Health and Wellbeing Regulations 2019 substitute—
"Table 1—Infringement offences in these Regulations
| Column 1
| Column 2 Infringement offence | Column 3 Infringement penalty | Column 4 Concessional penalty (if any) |
| 1 | R. 16(5) | 4 penalty units | |
| 2 | R. 17(5) | 4 penalty units | |
| 3 | R. 20(6) | 4 penalty units | |
| 4 | R. 21(6) | 4 penalty units | |
| 5 | R. 29 | 4 penalty units | |
| 6 | R. 30 | 4 penalty units | |
| 7 | R. 31(1) | 4 penalty units | |
| 8 | R. 32 | 4 penalty units | |
| 9 | R. 33 | 4 penalty units | |
| 10 | R. 34 | 4 penalty units | |
| 11 | R. 35(2) | 4 penalty units | |
| 12 | R. 36(1) | 4 penalty units | |
| 13 | R. 37 | 4 penalty units | |
| 14 | R. 38(1) | 2 penalty units | |
| 15 | R. 48 | 4 penalty units | |
| 16 | R. 49 | 4 penalty units | |
| 17 | R. 50 | 4 penalty units | |
| 18 | R. 51 | 4 penalty units | |
| 19 | R. 52 | 4 penalty units | |
| 20 | R. 53 | 4 penalty units | |
| 21 | R. 54(1) | 4 penalty units | |
| 22 | R. 54(2) | 4 penalty units | |
| 23 | R. 54(3) | 4 penalty units | |
| 24 | R. 54(4) | 4 penalty units | |
| 25 | R. 54(5) | 4 penalty units | |
| 26 | R. 54(6) | 4 penalty units | |
| 27 | R. 55(2) | 4 penalty units | |
| 28 | R. 56 | 4 penalty units | |
| 29 | R. 57 | 4 penalty units | |
| 30 | R. 58(2) | 4 penalty units | |
| 31 | R. 58(3) | 4 penalty units | |
| 32 | R. 59(3) | 4 penalty units | |
| 33 | R. 59(4) | 4 penalty units | |
| 34 | R. 59(5) | 4 penalty units | |
| 35 | R. 59(6) | 4 penalty units | |
| 36 | R. 59(7) | 2 penalty units | |
| 37 | R. 61(1) | 4 penalty units | |
| 38 | R. 68 | 4 penalty units | |
| 39 | R. 69 | 4 penalty units | |
| 40 | R. 70(1) | 4 penalty units | |
| 41 | R. 70(2) | 4 penalty units | |
| 42 | R. 70(3) | 4 penalty units | |
| 43 | R. 71(3) | 4 penalty units | |
| 44 | R. 71(4) | 4 penalty units | |
| 45 | R. 71(5) | 4 penalty units | |
| 46 | R. 71(6) | 4 penalty units | |
| 47 | R. 72(3) | 4 penalty units | |
| 48 | R. 72(4) | 4 penalty units | |
| 49 | R. 72(5) | 4 penalty units | |
| 50 | R. 72(6) | 4 penalty units | |
| 51 | R. 73(3) | 4 penalty units | |
| 52 | R. 73(4) | 4 penalty units | |
| 53 | R. 73(5) | 4 penalty units | |
| 54 | R. 73(6) | 4 penalty units | |
| 55 | R. 74(1) | 4 penalty units | |
| 56 | R. 75(1) | 4 penalty units | |
| 57 | R. 76 | 4 penalty units | |
| 58 | R. 79(1) | 4 penalty units | |
| 59 | R. 79(2) | 4 penalty units | |
| 60 | R. 83 | 4 penalty units | |
| 61 | R. 100(2) | 4 penalty units | |
| 61A | R. 100A | In the case of an adult, 10 penalty units In the case of a child of or above the age of 15 years, 4 penalty units In the case of a child under the age of 15 years, 1 penalty unit | In the case of an adult, 1 penalty unit |
| 62 | R. 111(1) | 4 penalty units |
".
(2)For Table 2 in Schedule 8 to the Public Health and Wellbeing Regulations 2019 substitute—
"Table 2—Infringement offences in the Act
| Column 1
| Column 2 Infringement offence | Column 3 Infringement | Column 4 Concessional penalty |
| 63 | S. 69(1) | In the case of a body corporate, 10 penalty units In the case of a natural person, 4 penalty units | |
| 64 | S. 80 | In the case of a body corporate, 24 penalty units In the case of a natural person, 10 penalty units | |
| 65 | S. 87(2) | In the case of a body corporate, 10 penalty units In the case of a natural person, 2 penalty units | |
| 66 | S. 95 | 4 penalty units | |
| 67 | S. 99 | 4 penalty units | |
| 68 | S. 108 | In the case of a body corporate, 4 penalty units In the case of a natural person, 2 penalty units | |
| 69 | S. 127(2) | 4 penalty units | |
| 70 | S. 128(2) | 4 penalty units | |
| 71 | S. 183 | In the case of a child of or above the age of 15 years, 2 penalty units In the case of a child under the age of 15 years, 1 penalty unit In any other case, 5 penalty units | |
| 72 | S. 188(2) | In the case of a body corporate, 30 penalty units In the case of an adult, 10 penalty units In the case of a child of or above the age of 15 years, 4 penalty units In the case of a child under the age of 15 years, 1 penalty unit | In the case of an adult, 1 penalty unit |
| 73 | S. 193(1) | In the case of a body corporate, 60 penalty units In the case of an adult, 10 penalty units In the case of a child of or above the age of 15 years, 4 penalty units In the case of a child under the age of 15 years, 1 penalty unit | In the case of an adult, 1 penalty unit |
| 74 | S. 203(1) | In the case of a body corporate, 60 penalty units In the case of an adult, 10 penalty units In the case of a child of or above the age of 15 years, 4 penalty units In the case of a child under the age of 15 years, 1 penalty unit | In the case of an adult— (a) if the offence is constituted by a contravention of directions given under section 200(1) of the Act by— (i) failing to comply with a requirement in relation to a face covering—$50; or (ii) refusing or failing to comply with a requirement to self-isolate or self-quarantine—2·5 penalty units; or (iii) refusing or failing to comply with a requirement in relation to leaving a restricted area in Victoria without a reasonable excuse or other valid reason or excuse—2·5 penalty units; or (iv) refusing or failing to comply with a requirement in relation to private or public gatherings in a restricted area in Victoria without a reasonable excuse or other valid reason or excuse—2·5 penalty units; or (v) refusing or failing to comply with a requirement in relation to a person travelling from a restricted area (however described) and seeking to enter Victoria without a reasonable excuse or other valid reason or excuse—2·5 penalty units; or (b) if the offence is not constituted by a contravention referred to in paragraph (a)—1 penalty unit |
| 109 | S. 165BN(1) | In the case of a body corporate, 30 penalty units In the case of an adult, 5 penalty units In the case of a child of or above the age of 15 years, 2 penalty units In the case of a child under the age of 15 years, 0·5 penalty units | In the case of an adult, 1 penalty unit |
| 110 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a face covering | In the case of an adult, $100 In the case of a child of or above the age of 15 years, $40 In the case of a child under the age of 15 years, $20 | In the case of an adult, $50 |
| 111 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to self-isolate or self-quarantine | In the case of an adult, 15 penalty units In the case of a child of or above the age of 15 years, 2·5 penalty units In the case of a child under the age of 15 years, 0·5 penalty units | In the case of an adult, 2·5 penalty units |
| 112 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement restricting movement in a pandemic management area | In the case of a child of or above the age of 15 years, 2·5 penalty units In the case of a child under the age of 15 years, 0·5 penalty units In any other case, 15 penalty units | In the case of an adult, 2·5 penalty units |
| 113 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement restricting movement in, into or from a restricted area (however described) | In the case of a child of or above the age of 15 years, 2·5 penalty units In the case of a child under the age of 15 years, 0·5 penalty units In any other case, 15 penalty units | In the case of an adult, 2·5 penalty units |
| 114 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a public or private gathering in a pandemic management area | In the case of a child of or above the age of 15 years, 2·5 penalty units In the case of a child under the age of 15 years, 0·5 penalty units In any other case, 15 penalty units | In the case of an adult, 2·5 penalty units |
| 115 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement in relation to entering a pandemic management area | In the case of a child of or above the age of 15 years, 2·5 penalty units In the case of a child under the age of 15 years, 0·5 penalty units In any other case, 15 penalty units | In the case of an adult, 2·5 penalty units |
| 116 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to display a sign advising of a requirement to wear a face covering | In the case of a natural person, 3 penalty units In the case of a body corporate, 15 penalty units | |
| 117 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to display density quotient signage | In the case of a natural person, 3 penalty units In the case of a body corporate, 15 penalty units | |
| 118 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, by exceeding a density quotient (however described) or the permitted number of persons (however described) for a space by up to 50 per cent | In the case of a natural person, 3 penalty units In the case of a body corporate, 15 penalty units | |
| 119 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, by exceeding a density quotient (however described) or the permitted number of persons (however described) for a space by between 50 per cent and 100 per cent | In the case of a natural person, 6 penalty units In the case of a body corporate, 30 penalty units | |
| 120 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, by exceeding a density quotient (however described) or the permitted number of persons (however described) for a space by between 100 per cent and 250 per cent | In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units | |
| 121 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, by exceeding a density quotient (however described) or the permitted number of persons (however described) for a space by more than 250 per cent | In the case of a natural person, 15 penalty units In the case of a body corporate, 75 penalty units | |
| 122 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made | In the case of a natural person, 3 penalty units In the case of a body corporate, 15 penalty units | |
| in the exercise of a pandemic management power, that relates to a requirement to keep records showing compliance with cleaning protocols | |||
| 123 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to cleaning requirements | In the case of a natural person, 3 penalty units In the case of a body corporate, 15 penalty units | |
| 124 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a crib room requirement in relation to construction sites | In the case of a natural person, 6 penalty units In the case of a body corporate, 30 penalty units | |
| 125 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement for an employer to take reasonable steps to ensure a worker complies with face covering requirements when working at a work premises | In the case of a natural person, 6 penalty units In the case of a body corporate, 30 penalty units | |
| 126 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to display Victorian Government QR code system signage at work premises to enable members of the public to record attendance at those work premises | In the case of a natural person, 6 penalty units In the case of a body corporate, 30 penalty units | |
| 127 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to keep a record of persons who attend work premises | In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units | |
| 128 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to use Service Victoria as the approved record keeping system | In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units | |
| 129 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to request that all members of the public record their attendance at work premises | In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units | |
| 130 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to have a COVID Marshal | In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units | |
| 131 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement in relation to the role of COVID Marshal | In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units | |
| 132 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to have a COVIDSafe Plan in place | In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units | |
| 133 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a | In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units | |
| direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to have a COVIDSafe Plan in place that meets all criteria for those plans | |||
| 134 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement of a COVIDSafe Plan | In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units | |
| 135 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement for an employer to arrange operations at work premises so as to have workers consistently working with the same group of workers, if reasonably practicable | In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units | |
| 136 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement in relation to the operation of authorised work premises | In the case of a natural person, 15 penalty units In the case of a body corporate, 75 penalty units | |
| 137 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a | In the case of a natural person, 15 penalty units In the case of a body corporate, 75 penalty units | |
| pandemic management power, that relates to a requirement in relation to permitting persons to attend closed work premises | |||
| 138 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement preventing a worker who lives in a restricted area (however described) from working at work premises outside of the restricted area (however described) | In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units | |
| 139 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement preventing a worker who lives outside of a restricted area (however described) from working at work premises in the restricted area (however described) | In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units | |
| 140 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement in relation to holding an exempt public event | In the case of a natural person, 15 penalty units In the case of a body corporate, 75 penalty units | |
| 141 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management | In the case of a natural person, 15 penalty units In the case of a body corporate, 75 penalty units | |
| power, that relates to a requirement for an employer to collect, record and maintain vaccination information of workers, if vaccination is mandatory | |||
| 142 | An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement for an employer to take reasonable steps to prevent the entry to work premises of any unvaccinated worker, if vaccination is mandatory | In the case of a natural person, 15 penalty units In the case of a body corporate, 75 penalty units |
".
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Endnotes
[1] Reg. 4: S.R. No. 135/2019 as amended by S.R. Nos 135/2019, 4/2020, 5/2020, 20/2020, 76/2020, 79/2020, 86/2020, 93/2020, 99/2020, 1/2021, 15/2021, 43/2021, 129/2021, 156/2021, 175/2021 and 14/2022.
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