Transport (Safety Schemes Compliance and Enforcement) (Infringements) Amendment Regulations 2015 (Vic)

Transport (Safety Schemes Compliance and Enforcement) (Infringements) Amendment Regulations 2015

S.R. No. 76/2015

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Schedule

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Endnotes

STATUTORY RULES 2015

S.R. No. 76/2015

Transport (Safety Schemes Compliance and Enforcement) Act 2014

Transport (Safety Schemes Compliance and Enforcement) (Infringements) Amendment Regulations 2015

The Governor in Council makes the following Regulations:

Dated: 23 June 2015

Responsible Minister:

JACINTA ALLAN
Minister for Public Transport

YVETTE CARISBROOKE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014—

(a)to prescribe offences under the Port Management (Local Ports) Regulations 2015 and the Marine Safety Regulations 2012 as transport safety infringements; and

(b)to prescribe penalties for those transport safety infringements.

2Authorising provision

These Regulations are made under section 132 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014.

3Commencement

These Regulations come into operation on 27 June 2015.

4Schedule

(1)In the Schedule to the Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014[1], after item 63 insert—

"63A reg. 96(8) Being master of a recreational vessel, unless equipment complies with specified requirements 1·25 penalty units 9371
(hand-held smoke signals exceeding manufacturer's expiry date) 9372
(hand-held distress flare exceeding manufacturer's expiry date) 9373
(red star distress rocket exceeding manufacturer's expiry date)".

(2)In the Schedule to the Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014, above item 82 in Column 2, for "Port Management (Local Ports) Regulations 2004" substitute "Port Management (Local Ports) Regulations 2015".

(3)In the Schedule to the Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014, for items 82 to 94 substitute—

"82	reg. 22	Fail to have permit in possession while engaging in an activity or accessing an area	2 penalty units	9350
83	reg. 23	Fail to produce permit for inspection on request while engaging in activity or accessing an area	2 penalty units	9351
84	reg. 26(1)	Engage in prohibited or restricted activity in an area subject to a set aside determination	2 penalty units	9352
85	reg. 27(1)	Enter into or remain in area subject to a set aside determination where access is prohibited or restricted	2 penalty units		9353
86	reg. 29(1)	Install a mooring in a local port without a permit	2 penalty units		5831
87	reg. 29(2)	Moor vessel to a structure not provided or approved by port manager without a permit	2 penalty units		9354
88	reg. 30(1)	Berth vessel in a prohibited berthing area without a permit	2 penalty units		5824
89	reg. 30(2)	Moor vessel in a prohibited mooring area without a permit	2 penalty units		5823
90	reg. 31(1)	Berth vessel in a permit-only berthing area without a permit	2 penalty units		5826
91	reg. 31(2)	Moor vessel in a permit-only mooring area without a permit	2 penalty units		5825
92	reg. 32	Anchor vessel in a mooring area without a permit	2 penalty units		9355
93	reg. 33(1)(a)	Allow vessel to be berthed or moored for a continuous period exceeding a specified period	2 penalty units		5827
94	reg. 33(1)(b)	Allow vessel to be berthed or moored for a continuous period exceeding 48 hours	2 penalty units		5832
94A	reg. 41(1)	Cause or permit propeller or other propulsion system to be operated while vessel is berthed at wharf	2 penalty units		9356
94B	reg. 43	Enter or park vehicle in an area not subject to a set aside determination or without a permit	2 penalty units		5833
94C	reg. 49	Camp in a local port without a permit	2 penalty units		9357
94D	reg. 50(1)	Jump or dive from a wharf, natural asset or structure on a wharf in contravention of sign or notice	2 penalty units		9358
94E	reg. 51(1)	Swim, bathe, snorkel or scuba dive under or within 20 metres of a wharf in contravention of sign or notice	2 penalty units		9359
94F	reg. 52(1)	Clean fish on a wharf or other structure in a local port in an area not subject to a set aside determination or without a permit	2 penalty units		9360
94G	reg. 52(2)	Leave or store fishing-related equipment in an area not subject to a set aside determination or without a permit	2 penalty units		9361
94H	reg. 52(3)	Stretch or repair fishing equipment in an area not subject to a set aside determination or without a permit	2 penalty units		9362
94I	reg. 53	Fail to retrieve fishing rod or line when a vessel approaches or departs from a wharf	2 penalty units		9363
94J	reg. 56(1)	Cut, break, or destroy vessel mooring	2 penalty units		9364
94K	reg. 56(2)	Interfere with, cast off or remove vessel from wharf or mooring	2 penalty units		9365
94L	reg. 57	Damage, deface or interfere with port manager's property or infrastructure without a permit	2 penalty units		9366
94M	reg. 60	Leave or deposit litter or other industrial waste in a manner not permitted	2 penalty units		9367
94N	reg. 62	Damage, obstruct or interfere with road, footpath, footway, access area, unloading area or gate without a permit	2 penalty units		9368
94O	reg. 63(1)	Fail to close gate after using it that is bearing a sign or notice stating the gate is to be kept closed at all times	2 penalty units		9369
94P	reg. 65	Light, kindle, use or maintain a fire in a manner not permitted	2 penalty units		9370
94Q	reg. 66(3)	Fail to comply with a direction from a port manager, transport safety officer or police officer	2 penalty units		5834".

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Endnotes

[1] Reg. 4(1): S.R. No. 32/2014.

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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 2014 is $147.61 and for the financial year commencing 1 July 2015 is $151.67.

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.