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