Public Health and Wellbeing Further Amendment (Infringement Offences) Regulations 2020 (Vic)

Public Health and Wellbeing Further Amendment (Infringement Offences) Regulations 2020

S.R. No. 99/2020

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Schedule 8—Infringements

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Endnotes

STATUTORY RULES 2020

S.R. No. 99/2020

Public Health and Wellbeing Act 2008

Public Health and Wellbeing Further Amendment (Infringement Offences) Regulations 2020

The Governor in Council makes the following Regulations:

Dated: 28 September 2020

Responsible Minister:

MARTIN FOLEY
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 prescribe a further offence in respect of which an infringement notice may be issued 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.

3Schedule 8—Infringements

In Table 2 of Schedule 8 to the Public Health and Wellbeing Regulations 2019[1], after item 77 insert—

"78 An offence against section 203(1) of the Act constituted by a contravention of directions given under section 200(1) of the Act by 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 30 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, 79/2020, 86/2020 and 93/2020.

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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.