Public Health and Wellbeing (Quarantine Fees) Amendment Regulations 2021 (Vic)

Public Health and Wellbeing (Quarantine Fees) Amendment Regulations 2021

S.R. No. 96/2021

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

Part 2—Amendments to the Principal Regulations

5Definition

6Quarantine detention fees—nil fee for further category of persons

Part 3—Further amendments to the Principal Regulations

7Quarantine detention fees—other amendments

8Invoices relating to quarantine detention fees

9Consideration of application for payment plan

10Application for waiver of quarantine detention fees

11Notice of decision on application for waiver of quarantine detention fees

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Endnotes

STATUTORY RULES 2021

S.R. No. 96/2021

Public Health and Wellbeing Act 2008

Public Health and Wellbeing (Quarantine Fees) Amendment Regulations 2021

The Governor in Council makes the following Regulations:

Dated: 3 August 2021

Responsible Minister:

LISA NEVILLE
Minister for Police and Emergency Services

SAMUAL WALLACE

Acting Clerk of the Executive Council

Part 1—Preliminary

1Objective

The objective of these Regulations is to amend the Public Health and Wellbeing (Quarantine Fees) Regulations 2020—

(a)to prescribe pro rata fees for the detention of quarantined persons for less than 2 days; and

(b)to prescribe fees with respect to designated facilities; and

(c)to make further provision in relation to applications for payment plans; and

(d)to make other minor and technical amendments.

2Authorising provisions

These Regulations are made under sections 232, 238A, 238B, 238C and 239 of the Public Health and Wellbeing Act 2008.

3Commencement

(1)These Regulations, except Part 3, are taken to have come into operation on 7 December 2020.

(2)Part 3 of these Regulations comes into operation on the day on which these Regulations are made.

4Principal Regulations

In these Regulations, the Public Health and Wellbeing (Quarantine Fees) Regulations 2020[1] are called the Principal Regulations.

Part 2—Amendments to the Principal Regulations

5Definition

(1)For the heading to regulation 4 of the Principal Regulations substitute—

"Definitions".

(2)In regulation 4 of the Principal Regulations insert the following definition—

"designated facility means a place designated in either—

(a)the Ministerial instrument of designation dated 21 October 2020 and published in Government Gazette S 539 on 22 October 2020; or

(b)any subsequent corresponding Ministerial instrument;".

6Quarantine detention fees—nil fee for further category of persons

After regulation 5(2)(a) of the Principal Regulations insert—

"(ab)a person detained at a specified place of detention that is not a designated facility;".

Part 3—Further amendments to the Principal Regulations

7Quarantine detention fees—other amendments

(1)In regulation 5(1) of the Principal Regulations—

(a)for paragraph (a)(ii) substitute—

"(ii)for detention of less than 14 days, an amount calculated on a pro rata basis by reference to $3000 for detention of 14 days;";

(b)for paragraph (b)(i)(B) substitute—

"(B)for detention of less than 14 days, an amount calculated on a pro rata basis by reference to $3000 for detention of 14 days;";

(c)for paragraph (b)(ii)(B) substitute—

"(B)for detention of less than 14 days, an amount calculated on a pro rata basis by reference to $1000 for detention of 14 days;";

(d)for paragraph (c)(ii) substitute—

"(ii)for detention of less than 14 days, an amount calculated on a pro rata basis by reference to $500 for detention of 14 days.".

(2)Regulation 5(2)(b) and (c) of the Principal Regulations are revoked.

8Invoices relating to quarantine detention fees

(1)In regulation 6(1)(a) and (2)(a) of the Principal Regulations omit "and address".

(2)For regulation 6(2)(b) of the Principal Regulations substitute—

"(b)confirmation that the amount of the fee payable is nil;".

9Consideration of application for payment plan

(1)In regulation 8(1) of the Principal Regulations, before "COVID-19" insert "Subject to subregulation (1A),".

(2)After regulation 8(1) of the Principal Regulations insert—

"(1A)COVID-19 Quarantine Victoria may decide not to approve a payment plan for a person who is an Australian citizen or permanent resident if satisfied that—

(a)a payment plan was previously approved for the person; and

(b)it is appropriate in all the circumstances not to approve a further payment plan for the person.".

(3)In regulation 8(6) of the Principal Regulations, for "for a person referred to in regulation 7(1)(b)" substitute "on an application under regulation 7(1)".

10Application for waiver of quarantine detention fees

In regulation 9(1) of the Principal Regulations—

(a)paragraph (a) is revoked;

(b)in paragraph (c)(iii), for "Department of Health and Human Services" substitute "Department of Families, Fairness and Housing";

(c)in paragraph (c)(viii), for "return" substitute "travel".

11Notice of decision on application for waiver of quarantine detention fees

In regulation 11(a) of the Principal Regulations omit "and address".

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Endnotes

[1] Reg. 4: S.R. No. 149/2020.