Public Health and Wellbeing Amendment (Pandemic Infringement Offences) Regulations 2021 (Vic)

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Public Health and Wellbeing Amendment (Pandemic Infringement Offences) Regulations 2021

S.R. No. 156/2021

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Schedule 8—Infringements

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Endnotes

STATUTORY RULES 2021

S.R. No. 156/2021

Public Health and Wellbeing Act 2008

Public Health and Wellbeing Amendment (Pandemic Infringement Offences) Regulations 2021

The Governor in Council makes the following Regulations:

Dated: 7 December 2021

Responsible Minister:

MARTIN FOLEY
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 offences under Part 8A of the Public Health and Wellbeing Act 2008 in respect of which an infringement notice may be issued for the purposes of section 209 of that Act.

2Authorising provision

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

3Commencement

(1)These Regulations, except regulation 4(1), come into operation on 8 December 2021.

(2)Regulation 4(1) comes into operation on 16 December 2021.

4Schedule 8—Infringements

(1)Items 75 to 108 in Table 2 of Schedule 8 to the Public Health and Wellbeing Regulations 2019[1] are revoked.

(2)At the end of Table 2 of Schedule 8 to the Public Health and Wellbeing Regulations 2019 insert

"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

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

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

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

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

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

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

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 exercise of a pandemic management power, that relates to a requirement to keep records showing compliance with cleaning protocols

In the case of a natural person, 3 penalty units

In the case of a body corporate, 15 penalty units

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 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

In the case of a natural person, 12 penalty units

In the case of a body corporate, 60 penalty units

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 pandemic management power, that relates to a requirement in relation to permitting persons to attend closed work premises

In the case of a natural person, 15 penalty units

In the case of a body corporate, 75 penalty units

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 power, that relates to a requirement for an employer to collect, record and maintain vaccination information of workers, if vaccination is mandatory

In the case of a natural person, 15 penalty units

In the case of a body corporate, 75 penalty units

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(1): 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 and 129/2021.

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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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