Transport (Safety Schemes Compliance and Enforcement) (Infringements) Amendment Regulations 2022 (Vic)

Transport (Safety Schemes Compliance and Enforcement) (Infringements) Amendment Regulations 2022

S.R. No. 18/2022

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Schedule amended

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Endnotes

STATUTORY RULES 2022

S.R. No. 18/2022

Transport (Safety Schemes Compliance and Enforcement) Act 2014

Transport (Safety Schemes Compliance and Enforcement) (Infringements) Amendment Regulations 2022

The Governor in Council makes the following Regulations:

Dated: 22 February 2022

Responsible Minister:

BEN CARROLL
Minister for Public Transport

ALEXANDRA DEBELJAKOVIC

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 make consequential amendments required due to amendments made to the Bus Safety Act 2009 by the Transport Legislation Miscellaneous Amendments Act 2021; and

(b)to make consequential amendments required due to amendments made to the Bus Safety Regulations 2020 by the Bus Safety Amendment Regulations 2022.

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 1 March 2022.

4Schedule amended

In the Schedule to the Transport (Safety Schemes Compliance and Enforcement) (Infringements) Regulations 2014[1]—

(a)in column 3 of item 106 omit "commercial or local";

(b)item 107 is revoked;

(c)in column 3 of item 108 omit "or registered";

(d)items 109 to 112 are revoked;

(e)in column 2 of item 113, for "s. 33(3)" substitute "s. 30(3)";

(f)after item 113 insert—

"113A	s. 36B(1)	Accredited bus operator of a bus service that is not a commercial bus service or a local bus service failing to ensure driver of bus holds appropriate driver licence	12 penalty units	9480
113B	s. 38(1)	Accredited bus operator failing to notify Safety Director of a relevant change in circumstances within 7 days	4 penalty units	9481";

(g)for item 114 substitute—

"114 s. 55F Bus operator failing to return certificate of accreditation to Safety Director if accreditation cancelled or surrendered 12 penalty units 9448";

(h)in column 3 of item 115 omit "or registered";

(i)items 119C, 119D and 124A are revoked;

(j)after item 125 insert—

"125A reg. 36(1) Specified exempt bus operator failing to ensure that each bus used to provide bus services undergoes safety inspection 4 penalty units 9482".

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Endnotes

[1] Reg. 4: S.R. No. 32/2014 as amended by S.R. Nos 76/2015, 77/2017, 104/2018 and 104/2020.

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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.