Untitled document
Infringements (General) Amendment Regulations 2015
S.R. No. 13/2015
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Principal Regulations
5How fines on community work permit can be paid
6Schedule 1—Enforcement agencies
7Schedule 2—Specified agencies for the purposes of section 164
8Lodgeable infringement offences—Road Safety Act 1986
9Lodgeable infringement offences—Transport (Compliance and Miscellaneous) Act 1983
10Lodgeable infringement offences—Wildlife Act 1975
11Further lodgeable infringement offences—Agricultural and Veterinary Chemicals (Control of Use) Act 1992
12Further lodgeable infringement offences—Crown Land (Reserves) Act 1978
13Further lodgeable infringement offences—Fisheries Act 1995
14Further lodgeable infringement offences—Royal Botanic Gardens Act 1991
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Endnotes
STATUTORY RULES 2015
S.R. No. 13/2015
Infringements Act 2006
Infringements (General) Amendment Regulations 2015
The Governor in Council makes the following Regulations:
Dated: 10 March 2015
Responsible Minister:
MARTIN PAKULA
Attorney-General
YVETTE CARISBROOKE
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Infringements (General) Regulations 2006 to—
(a)prescribe certain infringement offences under the Agricultural and Veterinary Chemicals (Control of Use) Act 1992, the Crown Land (Reserves) Act 1978, the Fisheries Act 1995, the Road Safety Act 1986, the Royal Botanic Gardens Act 1991, the Transport (Compliance and Miscellaneous) Act 1983 and the Wildlife Act 1975 as lodgeable infringement offences for the purpose of enforcement under the Infringements Act 2006; and
(b)amend certain references to government departments to reflect the machinery of government changes ordered by the Governor in Council on 4 December 2014, which came into effect on 1 January 2015.
2Authorising provision
These Regulations are made under section 168 of the Infringements Act 2006.
3Commencement
These Regulations come into operation on 11 March 2015.
4Principal Regulations
In these Regulations, the Infringements (General) Regulations 2006[1] are called the Principal Regulations.
5How fines on community work permit can be paid
In regulation 38(2) of the Principal Regulations, for "Department of Justice" (wherever occurring) substitute "Department of Justice and Regulation".
6Schedule 1—Enforcement agencies
(1)In item 8 of Schedule 1 to the Principal Regulations, for "Department of Transport, Planning and Local Infrastructure" substitute "Department of Economic Development, Jobs, Transport and Resources".
(2)In item 9 of Schedule 1 to the Principal Regulations, for "Department of Justice" substitute "Department of Justice and Regulation".
(3)In item 27 of Schedule 1 to the Principal Regulations, for "Department of Transport, Planning and Local Infrastructure" substitute "Department of Economic Development, Jobs, Transport and Resources".
7Schedule 2—Specified agencies for the purposes of section 164
(1)In item 25 of Schedule 2 to the Principal Regulations, for "Department of Primary Industries" substitute "Department of Environment, Land, Water and Planning".
(2)Item 26 of Schedule 2 to the Principal Regulations is revoked.
8Lodgeable infringement offences—Road Safety Act 1986
In item 9A.1 of Schedule 3 to the Principal Regulations, after "18(1)(b)," insert "18A(2),".
9Lodgeable infringement offencesTransport (Compliance and Miscellaneous) Act 1983—
In item 11.5 of Schedule 3 to the Principal Regulations, for "and 54(2)" substitute ", 54(2), 57(1), 62(1), 63(3) and 69(6)".
10Lodgeable infringement offences—Wildlife Act 1975
For item 14.96 of Schedule 3 to the Principal Regulations substitute—
"14.96Regulations 10(1), 10(2), 11(3), 12, 13(1), 13(2), 14(1), 15(2), 16(2), 16(3), 17(1), 18, 20(1), 21, 23(1), 24, 25(1), 27(1), 27(2), 28(1), 29(1), 30(1), 30(2), 35(1), 35(2), 35(3), 35(4), 37(2), 38(1), 39(1), 40(1), 41(1), 42(1), 43(1), 44(1), 45(2), 46(1), 46(2), 46(3), 46(4), 47(2), 47(3), 47(4), 48, 49, 51(1), 51(2), 52(2), 53(2), 54(2), 55(1), 55(3), 56(2), 57(2), 58(2), 59(2), 60(1), 60(2), 60(3), 60(4), 60(5), 61(2) and 63 of the Wildlife (State Game Reserves) Regulations 2014.".
11Further lodgeable infringement offencesAgricultural and Veterinary Chemicals (Control of Use) Act 1992—
In item 1B.1 of Schedule 4 to the Principal Regulations, after "49(4)," insert "52AA,".
12Further lodgeable infringement offencesCrown Land (Reserves) Act 1978—
After item 2A.192 of Schedule 4 to the Principal Regulations insert—
"2A.193Section 13(5) constituted by a contravention of regulation 8(1)(a) of the Crown Land (Reserves) (Camping and Miscellaneous Fees) Regulations 2014.
2A.194Section 13(5) constituted by a contravention of regulation 8(1)(b) of the Crown Land (Reserves) (Camping and Miscellaneous Fees) Regulations 2014.
2A.195Section 13(5) constituted by a contravention of regulation 8(1)(c) of the Crown Land (Reserves) (Camping and Miscellaneous Fees) Regulations 2014.
2A.196Section 13(5) constituted by a contravention of regulation 8(1)(d) of the Crown Land (Reserves) (Camping and Miscellaneous Fees) Regulations 2014.
2A.197Section 13(5) constituted by a contravention of regulation 8(1)(e) of the Crown Land (Reserves) (Camping and Miscellaneous Fees) Regulations 2014.
2A.198Section 13(5) constituted by a contravention of regulation 8(2) of the Crown Land (Reserves) (Camping and Miscellaneous Fees) Regulations 2014.
2A.199Section 13(5) constituted by a contravention of regulation 9(1) of the Crown Land (Reserves) (Camping and Miscellaneous Fees) Regulations 2014.
2A.200Section 13(5) constituted by a contravention of regulation 9(2) of the Crown Land (Reserves) (Camping and Miscellaneous Fees) Regulations 2014.
2A.201Section 13(5) constituted by a contravention of regulation 10 of the Crown Land (Reserves) (Camping and Miscellaneous Fees) Regulations 2014.
2A.202Section 13(5) constituted by a contravention of regulation 11 of the Crown Land (Reserves) (Camping and Miscellaneous Fees) Regulations 2014.".
13Further lodgeable infringement offences—Fisheries Act 1995
(1)In item 6 of Schedule 4 to the Principal Regulations insert the following definitions—
"SDPPBAL means a Scallop Dive (Port Phillip Bay) Fishery Access Licence created by regulation 12(sa) of the Regulations;
SUFAL means a Sea Urchin Fishery Access Licence created by regulation 12(sb) of the Regulations;".
(2)After item 6.4 of Schedule 4 to the Principal Regulations insert—
"6.4ASection 53(1) constituted by a contravention of regulation 58A of the Regulations.
6.4BSection 53(1) constituted by a contravention of regulation 71A(2) of the Regulations.
6.4CSection 54(6).
6.4DSection 58A(1).".
(3)After item 6.14 of Schedule 4 to the Principal Regulations insert—
"6.14ASection 71(1).
6.14BSection 89(6).".
(4)After item 6.15 of Schedule 4 to the Principal Regulations insert—
"6.15ASection 109(3)(a).
6.15BSection 109(3)(b).".
(5)In item 6.22 of Schedule 4 to the Principal Regulations, for "or (d)" substitute ", (d) or (f)".
(6)After item 6.32 of Schedule 4 of the Principal Regulations insert—
"6.32ARegulation 68 of the Regulations.
6.32BRegulation 69 of the Regulations.".
(7)After item 6.50 of Schedule 4 to the Principal Regulations insert—
"6.50ARegulation 86(7) of the Regulations.".
(8)After item 6.79 of Schedule 4 to the Principal Regulations insert—
"6.79ARegulation 102A(1) of the Regulations.
6.79BRegulation 102A(2) of the Regulations.".
(9)After item 6.126 of Schedule 4 to the Principal Regulations insert—
"6.126ASection 120AC(2) constituted by a failure to comply with regulation 413ZA of the Regulations.
6.126BSection 120AC(2) constituted by a failure to comply with regulation 417T of the Regulations.".
(10)After item 6.536 of Schedule 4 to the Principal Regulations insert—
"6.537Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413C of the Regulations.
6.538Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413D(1) of the Regulations.
6.539Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413E(1) of the Regulations.
6.540Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413E(3) of the Regulations.
6.541Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413F(1) of the Regulations.
6.542Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413G(1) of the Regulations.
6.543Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413G(2) of the Regulations.
6.544Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413H(3) of the Regulations.
6.545Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413I(1) of the Regulations.
6.546Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413I(2) of the Regulations.
6.547Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413J of the Regulations.
6.548Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413L(1) of the Regulations.
6.549Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413L(2) of the Regulations.
6.550Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413L(3) of the Regulations.
6.551Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413M of the Regulations.
6.552Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413N of the Regulations.
6.553Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413O of the Regulations.
6.554Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413P of the Regulations.
6.555Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413Q of the Regulations.
6.556Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413R of the Regulations.
6.557Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413S of the Regulations.
6.558Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413T of the Regulations.
6.559Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413U of the Regulations.
6.560Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413V(1) of the Regulations.
6.561Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413V(2) of the Regulations.
6.562Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413V(3) of the Regulations.
6.563Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413V(4) of the Regulations.
6.564Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413W of the Regulations.
6.565Section 53(1) constituted by the failure of a SDPPBAL holder to comply with regulation 413X of the Regulations.
6.566Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413C of the Regulations.
6.567Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413D(1) of the Regulations.
6.568Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413E(1) of the Regulations.
6.569Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413E(3) of the Regulations.
6.570Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413F(1) of the Regulations.
6.571Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413G(1) of the Regulations.
6.572Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413G(2) of the Regulations.
6.573Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413H(3) of the Regulations.
6.574Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413I(1) of the Regulations.
6.575Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413I(2) of the Regulations.
6.576Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413J of the Regulations.
6.577Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413L(1) of the Regulations.
6.578Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413L(2) of the Regulations.
6.579Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413L(3) of the Regulations.
6.580Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413M of the Regulations.
6.581Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413N of the Regulations.
6.582Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413O of the Regulations.
6.583Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413P of the Regulations.
6.584Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413Q of the Regulations.
6.585Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413R of the Regulations.
6.586Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413S of the Regulations.
6.587Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413T of the Regulations.
6.588Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413U of the Regulations.
6.589Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413V(1) of the Regulations.
6.590Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413V(2) of the Regulations.
6.591Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413V(3) of the Regulations.
6.592Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413V(4) of the Regulations.
6.593Section 53(4) constituted by the failure of a person acting on behalf of a SDPPBAL holder to comply with regulation 413W of the Regulations.
6.594Section 53(1) constituted by the failure of a SUFAL holder to comply with regulation 417E(1) of the Regulations.
6.595Section 53(1) constituted by the failure of a SUFAL holder to comply with regulation 417F(1) of the Regulations.
6.596Section 53(1) constituted by the failure of a SUFAL holder to comply with regulation 417F(3) of the Regulations.
6.597Section 53(1) constituted by the failure of a SUFAL holder to comply with regulation 417G of the Regulations.
6.598Section 53(1) constituted by the failure of a SUFAL holder to comply with regulation 417I(3) of the Regulations.
6.599Section 53(1) constituted by the failure of a SUFAL holder to comply with regulation 417J(1) of the Regulations.
6.600Section 53(1) constituted by the failure of a SUFAL holder to comply with regulation 417J(2) of the Regulations.
6.601Section 53(1) constituted by the failure of a SUFAL holder to comply with regulation 417K of the Regulations.
6.602Section 53(1) constituted by the failure of a SUFAL holder to comply with regulation 417M(1) of the Regulations.
6.603Section 53(1) constituted by the failure of a SUFAL holder to comply with regulation 417M(2) of the Regulations.
6.604Section 53(1) constituted by the failure of a SUFAL holder to comply with regulation 417M(3) of the Regulations.
6.605Section 53(1) constituted by the failure of a SUFAL holder to comply with regulation 417N of the Regulations.
6.606Section 53(1) constituted by the failure of a SUFAL holder to comply with regulation 417O of the Regulations.
6.607Section 53(1) constituted by the failure of a SUFAL holder to comply with regulation 417P of the Regulations.
6.608Section 53(1) constituted by the failure of a SUFAL holder to comply with regulation 417Q of the Regulations.
6.609Section 53(4) constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417E(1) of the Regulations.
6.610Section 53(4) constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417F(1) of the Regulations.
6.611Section 53(4) constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417F(3) of the Regulations.
6.612Section 53(4) constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417G of the Regulations.
6.613Section 53(4) constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417I(3) of the Regulations.
6.614Section 53(4) constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417J(1) of the Regulations.
6.615Section 53(4) constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417J(2) of the Regulations.
6.616Section 53(4) constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417K of the Regulations.
6.617Section 53(4) constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417M(1) of the Regulations.
6.618Section 53(4) constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417M(2) of the Regulations.
6.619Section 53(4) constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417M(3) of the Regulations.
6.620Section 53(4) constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417N of the Regulations.
6.621Section 53(4) constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417O of the Regulations.
6.622Section 53(4) constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417P of the Regulations.
6.623Section 53(4) constituted by the failure of a person acting on behalf of a SUFAL holder to comply with regulation 417Q of the Regulations.".
14Further lodgeable infringement offences—Royal Botanic Gardens Act 1991
For item 11AA.2 of Schedule 4 to the Principal Regulations substitute—
"11AA.2Regulations 8(3), 10, 11, 12, 14, 15, 16, 17, 18, 19, 21, 22, 24, 25, 26, 30, 31, 32, 33, 34(2), 35(a), 35(b), 35(c), 35(d), 35(e), 36, 37(a), 37(b), 37(c), 38(1), 38(2), 38(3), 39(1), 39(2), 39(3), 39(4), 39(5), 39(6) and 39(7) of the Royal Botanic Gardens Regulations 2014.".
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ENDNOTES
[1] Reg. 4: S.R. No. 76/2006. Reprint No. 4 as at 7 August 2013. Reprinted to S.R. No. 74/2013. Subsequently amended by S.R. Nos 114/2013, 169/2013, 103/2014 and 152/2014.
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