Transport (Compliance and Miscellaneous) (Conduct on Public Transport) and (Infringements) (COVID-19 Response) Amendment Regulations 2022 (Vic)
Transport (Compliance and Miscellaneous) (Conduct on Public Transport) and (Infringements) (COVID-19 Response) Amendment Regulations 2022
S.R. No. 2/2022
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objectives
2Authorising provisions
3Commencement
Part 2—Amendments to the Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015
4Objectives amended
5Definitions
6New Division 4 of Part 2 inserted
7Smoking on public transport vehicles or premises
8Regulation 65 substituted
9Schedule 1 revoked
Part 3—Amendments to the Transport (Compliance and Miscellaneous) (Infringements) Regulations 2019
10Schedule 3 amended
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Endnotes
STATUTORY RULES 2022
S.R. No. 2/2022
Transport (Compliance and Miscellaneous) Act 1983
Transport (Compliance and Miscellaneous) (Conduct on Public Transport) and (Infringements) (COVID-19 Response) Amendment Regulations 2022
The Governor in Council makes the following Regulations:
Dated: 25 January 2022
Responsible Minister:
BEN CARROLL
Minister for Public TransportALEXANDRA DEBELJAKOVIC
Clerk of the Executive Council
Part 1—Preliminary
1Objectives
The objectives of these Regulations are—
(a)to amend the Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015—
(i)to require passengers to wear a face covering on Victoria's public transport network if required to do so in accordance with a pandemic order made under the Public Health and Wellbeing Act 2008; and
(ii)to make consequential amendments required due to the expiry of Part 5 of those Regulations; and
(b)to amend the Transport (Compliance and Miscellaneous) (Infringements) Regulations 2019 to prescribe new transport infringements and infringement penalties for the new offences inserted into the Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015.
2Authorising provisions
These Regulations are made under sections 56, 215, 221AA, 230AH, 249B and 256 of the Transport (Compliance and Miscellaneous) Act 1983.
3Commencement
These Regulations come into operation on 14 February 2022.
Part 2—Amendments to the Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015
4Objectives amended
(1)In regulation 1(d)(iv) of the Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015[1], for "property; and" substitute "property.".
(2)Regulation 1(e) of the Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015 is revoked.
5Definitions
In regulation 5(1) of the Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015—
(a)insert the following definitions—
"bus stop shelter means a place where passengers wait to catch a bus that—
(a)is covered by a shelter or other structure; and
(b)is public transport property;
face covering means a fitted face mask which covers a person's nose and mouth to provide that person with protection against infection but does not include a face shield;
pandemic order means an order made under section 165AI of the Public Health and Wellbeing Act 2008;
tram stop shelter means a place where passengers wait to catch a tram that—
(a)is covered by a shelter or other structure; and
(b)is public transport property;";
(b)in the definition of Road Rules, for "2009" substitute "2017";
(c)the definitions of designated park and ride facility, exempt vehicle, public transport parking area and tow truck are revoked.
6New Division 4 of Part 2 inserted
After Division 3 of Part 2 of the Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015 insert—
"Division 4—Face coverings
25AWearing a face covering on public transport if required by a pandemic order
(1)A person must not, without reasonable excuse, enter or travel in a passenger vehicle without wearing a face covering if a pandemic order is in force that requires a person to wear a face covering in that circumstance.
Penalty: 20 penalty units.
(2)A person must not, without reasonable excuse, be in or on the following without wearing a face covering if a pandemic order is in force that requires a person to wear a face covering—
(a)a railway station, including—
(i)a train platform; and
(ii)any compulsory ticket area that is not a train platform;
(b)a tram stop shelter or bus stop shelter;
(c)a tram stop platform.
Penalty: 20 penalty units.
(3)For the purposes of subregulations (1) and (2), reasonable excuse includes, but is not limited to, if the person is exempted from wearing a face covering in accordance with the pandemic order.".
7Smoking on public transport vehicles or premises
In regulation 32(4) of the Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015, the definitions of bus stop shelter and tram stop shelter are revoked.
8Regulation 65 substituted
For regulation 65 of the Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015 substitute—
"65 Prosecution or infringement for more than one offence
A person is not liable to be prosecuted or served with an infringement notice for an offence against regulation 25A(1) or (2) if, in relation to the same facts or circumstances, that person has been prosecuted or served with an infringement notice for an offence against section 165BN(1) of the Public Health and Wellbeing Act 2008.".
9Schedule 1 revoked
Schedule 1 to the Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015 is revoked.
Part 3—Amendments to the Transport (Compliance and Miscellaneous) (Infringements) Regulations 2019
10Schedule 3 amended
In Schedule 3 to the Transport (Compliance and Miscellaneous) (Infringements) Regulations 2019[2], after Table 5 insert—
"TABLE 5A
General Conduct Affecting Safety
(Face Coverings)
| Column 1 Item | Column 2 Prescribed infringement offence | Column 3 Infringement penalty | Column 4 Infringement penalty (child) | Column 5 Code |
| Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015 | ||||
| 90A | reg. 25A(1) | $100 | In the case of a child of or over the age of 15 years, $40; and In the case of a child under the age of 15 years, $20 | 3208 (adult) 3209 (child of 15 years of age or over) 3210 (child under 15 years of age) |
| 90B | reg. 25A(2) | $100 | In the case of a child of or over the age of 15 years, $40; and In the case of a child under the age of 15 years, $20 | 3211 (adult) 3212 (child of 15 years of age or over) 3213 (child under 15 years of age) |
".
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Endnotes
[1] Reg. 4(1): S.R. No. 72/2015 as amended by S.R. Nos 72/2015, 49/2017, 57/2019 and 168/2019.
[2] Reg. 10: S.R. No. 118/2019 as amended by S.R. No. 109/2020.
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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 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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