Retirement Villages (Infringements) Regulations 2018 (Vic)

Version No. 001

Retirement Villages (Infringements) Regulations 2018

S.R. No. 188/2018

Version as at

1 November 2018

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Revocation

5Definition

6Infringement offences and infringement penalties

Schedule 1—Infringement offences and infringement penalties

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Endnotes

1       General information

2       Table of Amendments

3       Amendments Not in Operation

4       Explanatory details

Version No. 001

Retirement Villages (Infringements) Regulations 2018

S.R. No. 188/2018

Version as at

1 November 2018

1Objective

The objective of these Regulations is to prescribe infringement offences and corresponding infringement penalties for the purposes of the Retirement Villages Act 1986.

2Authorising provision

These Regulations are made under section 43 of the Retirement Villages Act 1986.

3Commencement

These Regulations come into operation on 1 November 2018.

4Revocation

The Retirement Villages (Infringements) Regulations 2017[1] are revoked.

5Definition

In these Regulations—

the Act means the Retirement Villages Act 1986.

6Infringement offences and infringement penalties

(1)For the purposes of section 42B(1) of the Act, an offence specified in Column 2 of an item in Schedule 1 is prescribed as an infringement offence.

(2)For the purposes of section 42B(3) of the Act, an infringement penalty specified in Column 3 of an item in Schedule 1 is prescribed in respect of the infringement offence specified in Column 2 of the corresponding item.

Schedule 1—Infringement offences and infringement penalties

Regulation 6

Column 1 Item	Column 2 Infringement offence	Column 3 Infringement penalty
1	An offence against section 8(1) of the Act	12 penalty units for a natural person 50 penalty units for a body corporate
2	An offence against section 9(1) of the Act	12 penalty units for a natural person 50 penalty units for a body corporate
3	An offence against section 9(4) of the Act	6 penalty units for a natural person 12·5 penalty units for a body corporate
4	An offence against section 16(7) of the Act	6 penalty units for a natural person 12·5 penalty units for a body corporate
5	An offence against section 17(1) of the Act	12 penalty units
6	An offence against section 17(2) of the Act	6 penalty units for a natural person 12·5 penalty units for a body corporate
7	An offence against section 18A(2) of the Act	12 penalty units for a natural person 30 penalty units for a body corporate
8	An offence against section 18A(4) of the Act	6 penalty units for a natural person 12·5 penalty units for a body corporate
9	An offence against section 18B(2) of the Act	12 penalty units for a natural person 30 penalty units for a body corporate
10	An offence against section 19(1) of the Act	12 penalty units for a natural person 50 penalty units for a body corporate
11	An offence against section 19(2) of the Act	12 penalty units for a natural person 50 penalty units for a body corporate
12	An offence against section 19(4) of the Act	12 penalty units for a natural person 50 penalty units for a body corporate
13	An offence against section 20(3) of the Act	6 penalty units for a natural person 12·5 penalty units for a body corporate
14	An offence against section 21(1) of the Act	6 penalty units for a natural person 12·5 penalty units for a body corporate
15	An offence against section 21A of the Act	7·5 penalty units for a natural person 15 penalty units for a body corporate
16	An offence against section 25(8) of the Act	6 penalty units for a natural person 12·5 penalty units for a body corporate
17	An offence against section 30(1) of the Act	6 penalty units for a natural person 12·5 penalty units for a body corporate
18	An offence against section 32B(4) of the Act	7·5 penalty units for a natural person 15 penalty units for a body corporate
19	An offence against section 32B(5) of the Act	7·5 penalty units for a natural person 15 penalty units for a body corporate
20	An offence against section 32E(1) of the Act	6 penalty units
21	An offence against section 32E(3) of the Act	6 penalty units
22	An offence against section 33 of the Act	6 penalty units for a natural person 12·5 penalty units for a body corporate
23	An offence against section 34(1) of the Act	12 penalty units for a natural person 25 penalty units for a body corporate
24	An offence against section 34(3) of the Act	12 penalty units for a natural person 25 penalty units for a body corporate
25	An offence against section 38A of the Act	7·5 penalty units for a natural person 15 penalty units for a body corporate
26	An offence against section 38E(1) of the Act	7·5 penalty units for a natural person 15 penalty units for a body corporate
27	An offence against section 38E(2) of the Act	7·5 penalty units for a natural person 15 penalty units for a body corporate
28	An offence against section 38E(4) of the Act	7·5 penalty units for a natural person 15 penalty units for a body corporate
29	An offence against section 38E(5) of the Act	7·5 penalty units for a natural person 15 penalty units for a body corporate
30	An offence against section 38F(1) of the Act	7·5 penalty units for a natural person 15 penalty units for a body corporate
31	An offence against section 38F(2) of the Act	7·5 penalty units for a natural person 15 penalty units for a body corporate
32	An offence against section 38F(4) of the Act	7·5 penalty units for a natural person 15 penalty units for a body corporate
33	An offence against section 38F(5) of the Act	7·5 penalty units for a natural person 15 penalty units for a body corporate
34	An offence against section 38G of the Act	7·5 penalty units for a natural person 15 penalty units for a body corporate
35	An offence against section 38H(1) of the Act	7·5 penalty units for a natural person 15 penalty units for a body corporate
36	An offence against section 38H(2) of the Act	7·5 penalty units for a natural person 15 penalty units for a body corporate
37	An offence against section 38I(1) of the Act	7·5 penalty units for a natural person 15 penalty units for a body corporate
38	An offence against section 38I(2) of the Act	7·5 penalty units for a natural person 15 penalty units for a body corporate
39	An offence against section 38L(1) of the Act	2·5 penalty units
40	An offence against section 38L(3) of the Act	2·5 penalty units
41	An offence against section 38L(4) of the Act	2·5 penalty units

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Retirement Villages (Infringements) Regulations 2018, S.R. No. 188/2018 were made on 30 October 2018 by the Governor in Council under section 43 of the Retirement Villages Act 1986, No. 126/1986 and came into operation on 1 November 2018: regulation 3.

The Retirement Villages (Infringements) Regulations 2018 will sunset 10 years after the day of making on 30 October 2028 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•    Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•    Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•    Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•    Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•    Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•    Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Retirement Villages (Infringements) Regulations 2018 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details

[1] Reg. 4: S.R. No. 116/2017.

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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 2018 is $161.19.

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.