Untitled document
Infringements (General) Amendment (Lodgeable Infringement Offences) Regulations 2013
S.R. No. 114/2013
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Principal Regulations
5New regulation 12B inserted
12BNational law lodgeable infringement offences
prescribed
6Schedule 3 amended
7Schedule 3 amended—Road Safety Act 1986
8New item 1D inserted into Schedule 4
1DCatchment and Land Protection Act 1994
9Item 5 of Schedule 4 revoked
10New Schedule 4A inserted
SCHEDULE 4A—Further Lodgeable Infringement
Offences
═══════════════
ENDNOTES
STATUTORY RULES 2013
S.R. No. 114/2013
Infringements Act 2006
Infringements (General) Amendment (Lodgeable Infringement Offences) Regulations 2013
The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations:
Dated: 17 September 2013
Responsible Minister:
ROBERT CLARK
Attorney-GeneralYVETTE 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 Catchment and Land Protection Act 1994 and the Heavy Vehicle National Law (Victoria) as lodgeable infringement offences for the purposes of the Infringements Act 2006; and
(b)omit references to certain redundant offences and legislation.
2Authorising provision
These Regulations are made under section 168 of the Infringements Act 2006.
3Commencement
(1)These Regulations (except regulations 5 and 10) come into operation on the day on which they are made.
(2)Regulations 5 and 10 come into operation on the day on which section 4 of the Heavy Vehicle National Law Application Act 2013 comes into operation.
4Principal Regulations
In these Regulations, the Infringements (General) Regulations 2006[1] are called the Principal Regulations.
5New regulation 12B inserted
After regulation 12A of the Principal Regulations insert—
"12B National law lodgeable infringement offences prescribed
An offence against an Act, regulation or other instrument listed in an item in Schedule 4A is a lodgeable infringement offence for the purposes of enforcement under the Act.".
6Schedule 3 amended
(1)Item 4.26 of Schedule 3 to the Principal Regulations is revoked.
(2)Item 6B of Schedule 3 to the Principal Regulations is revoked.
7Schedule 3 amended—Road Safety Act 1986
(1)In item 9A.1 of Schedule 3 to the Principal Regulations, for "174(1), 175(1), 184(2), 185(2), 185(3), 186(1) and 186(2)" substitute "174(1) and 175(1)".
(2)Items 9A.1B and 9A.1C of Schedule 3 to the Principal Regulations are revoked.
(3)In item 9A.9 of Schedule 3 to the Principal Regulations, for "67(2), 81, 101(3), 101(4), 104(3), 105(2), 105(3) and 105(6)" substitute "67(2) and 81".
(4)In item 9A.10 of Schedule 3 to the Principal Regulations—
(a)omit "240(1),";
(b)omit "257(1), 258(1), 258(2), 259(1),".
8New item 1D inserted into Schedule 4
After item 1C of Schedule 4 to the Principal Regulations insert—
"1D Catchment and Land Protection Act 1994
1D.1Sections 46(1), 47D(1), 47E(1), 70C and 70D(1).".
9Item 5 of Schedule 4 revoked
Item 5 of Schedule 4 to the Principal Regulations is revoked.
10New Schedule 4A inserted
After Schedule 4 to the Principal Regulations insert—
"SCHEDULE 4A
Regulation 12B
NATIONAL LAW LODGEABLE INFRINGEMENT OFFENCES
1Heavy Vehicle National Law (Victoria)
1.1Section 60(1) constituted by conduct other than that described in paragraph (b) of the maximum penalty.
1.2Section 60(1) constituted by conduct described in paragraph (b) of the maximum penalty.
1.3Sections 79(2), 81(1), 81(2), 81(3), 82(2), 82(3), 83(1), 83(2), 83(3), 85(1), 85(2), 86(2), 89(1), 90(1), 90(2), 90(3) and 92(2).
1.4Section 96(1) constituted by a minor risk breach.
1.5Section 96(1) constituted by a substantial risk breach.
1.6Section 102(1)(a).
1.7Section 102(1)(b) constituted by a minor risk breach.
1.8Section 102(1)(b) constituted by a substantial risk breach.
1.9Sections 109(2)(a) and 109(2)(b).
1.10Section 111(1) constituted by a minor risk breach.
1.11Section 111(1) constituted by a substantial risk breach.
1.12Sections 129(1), 129(2), 129(3), 130(2), 130(3), 131(1)(a), 131(1)(b), 131(1)(c), 132(2), 132(3), 133(1), 133(2), 133(3), 134(1), 134(2), 137, 150(1), 151(2), 151(3), 152(1), 152(2), 152(3), 153(1), 153(2) and 181(3).
1.13Section 183(2) by a person referred to in section 183(2)(a), where the relevant offence is a minor risk breach under section 96(1).
1.14Section 183(2) by a person referred to in section 183(2)(b), where the relevant offence is a minor risk breach under section 96(1).
1.15Section 183(2) by a person referred to in section 183(2)(c), where the relevant offence is a minor risk breach under section 96(1).
1.16Section 183(2) by a person referred to in section 183(2)(a), where the relevant offence is a substantial risk breach under section 96(1).
1.17Section 183(2) by a person referred to in section 183(2)(b), where the relevant offence is a substantial risk breach under section 96(1).
1.18Section 183(2) by a person referred to in section 183(2)(c), where the relevant offence is a substantial risk breach under section 96(1).
1.19Section 183(2) by a person referred to in section 183(2)(a), where the relevant offence is a breach under section 102(1)(a).
1.20Section 183(2) by a person referred to in section 183(2)(b), where the relevant offence is a breach under section 102(1)(a).
1.21Section 183(2) by a person referred to in section 183(2)(c), where the relevant offence is a breach under section 102(1)(a).
1.22Section 183(2) by a person referred to in section 183(2)(a), where the relevant offence is a minor risk breach under section 102(1)(b).
1.23Section 183(2) by a person referred to in section 183(2)(b), where the relevant offence is a minor risk breach under section 102(1)(b).
1.24Section 183(2) by a person referred to in section 183(2)(c), where the relevant offence is a minor risk breach under section 102(1)(b).
1.25Section 183(2) by a person referred to in section 183(2)(a), where the relevant offence is a substantial risk breach under section 102(1)(b).
1.26Section 183(2) by a person referred to in section 183(2)(b), where the relevant offence is a substantial risk breach under section 102(1)(b).
1.27Section 183(2) by a person referred to in section 183(2)(c), where the relevant offence is a substantial risk breach under section 102(1)(b).
1.28Section 183(2) by a person referred to in section 183(2)(a), where the relevant offence is a minor risk breach under section 111(1).
1.29Section 183(2) by a person referred to in section 183(2)(b), where the relevant offence is a minor risk breach under section 111(1).
1.30Section 183(2) by a person referred to in section 183(2)(c), where the relevant offence is a minor risk breach under section 111(1).
1.31Section 183(2) by a person referred to in section 183(2)(a), where the relevant offence is a substantial risk breach under section 111(1).
1.32Section 183(2) by a person referred to in section 183(2)(b), where the relevant offence is a substantial risk breach under section 111(1).
1.33Section 183(2) by a person referred to in section 183(2)(c), where the relevant offence is a substantial risk breach under section 111(1).
1.34Sections 184(1), 185(1), 185(2), 190(1), 191(1), 191(3), 192(1) and 192(2).
1.35Section 219(1) by a person referred to in section 219(1)(a) constituted by conduct described in paragraph (a) of the maximum penalty.
1.36Section 219(1) by a person referred to in section 219(1)(a) constituted by conduct described in paragraph (b)(i) of the maximum penalty.
1.37Section 219(1) by a person referred to in section 219(1)(a) constituted by conduct described in paragraph (b)(ii) of the maximum penalty.
1.38Section 219(1) by a person referred to in section 219(1)(a) constituted by conduct described in paragraph (c)(i) of the maximum penalty.
1.39Section 219(1) by a person referred to in section 219(1)(a) constituted by conduct described in paragraph (c)(ii) of the maximum penalty.
1.40Section 219(1) by a person referred to in section 219(1)(a) constituted by conduct described in paragraph (d)(i) of the maximum penalty.
1.41Section 219(1) by a person referred to in section 219(1)(a) constituted by conduct described in paragraph (e)(i) of the maximum penalty.
1.42Section 219(1) by a person referred to in section 219(1)(b) constituted by conduct described in paragraph (a) of the maximum penalty.
1.43Section 219(1) by a person referred to in section 219(1)(b) constituted by conduct described in paragraph (b)(i) of the maximum penalty.
1.44Section 219(1) by a person referred to in section 219(1)(b) constituted by conduct described in paragraph (b)(ii) of the maximum penalty.
1.45Section 219(1) by a person referred to in section 219(1)(b) constituted by conduct described in paragraph (c)(i) of the maximum penalty.
1.46Section 219(1) by a person referred to in section 219(1)(b) constituted by conduct described in paragraph (c)(ii) of the maximum penalty.
1.47Section 219(1) by a person referred to in section 219(1)(b) constituted by conduct described in paragraph (d)(i) of the maximum penalty.
1.48Section 219(1) by a person referred to in section 219(1)(b) constituted by conduct described in paragraph (e)(i) of the maximum penalty.
1.49Section 219(1) by a person referred to in section 219(1)(c) constituted by conduct described in paragraph (a) of the maximum penalty.
1.50Section 219(1) by a person referred to in section 219(1)(c) constituted by conduct described in paragraph (b)(i) of the maximum penalty.
1.51Section 219(1) by a person referred to in section 219(1)(c) constituted by conduct described in paragraph (b)(ii) of the maximum penalty.
1.52Section 219(1) by a person referred to in section 219(1)(c) constituted by conduct described in paragraph (c)(i) of the maximum penalty.
1.53Section 219(1) by a person referred to in section 219(1)(c) constituted by conduct described in paragraph (c)(ii) of the maximum penalty.
1.54Section 219(1) by a person referred to in section 219(1)(c) constituted by conduct described in paragraph (d)(i) of the maximum penalty.
1.55Section 219(1) by a person referred to in section 219(1)(c) constituted by conduct described in paragraph (e)(i) of the maximum penalty.
1.56Section 250(1)(a) that is a minor risk breach.
1.57Section 250(1)(b) that is a minor risk breach.
1.58Section 250(1)(a) that is a substantial risk breach.
1.59Section 250(1)(b) that is a substantial risk breach.
1.60Section 251(1)(a) that is a minor risk breach.
1.61Section 251(1)(b) that is a minor risk breach.
1.62Section 251(1)(a) that is a substantial risk breach.
1.63Section 251(1)(b) that is a substantial risk breach.
1.64Section 254(1)(a) that is a minor risk breach.
1.65Section 254(1)(b) that is a minor risk breach.
1.66Section 254(1)(a) that is a substantial risk breach.
1.67Section 254(1)(b) that is a substantial risk breach.
1.68Section 256(1)(a) that is a minor risk breach.
1.69Section 256(1)(b) that is a minor risk breach.
1.70Section 256(1)(a) that is a substantial risk breach.
1.71Section 256(1)(b) that is a substantial risk breach.
1.72Section 258(1)(a) that is a minor risk breach.
1.73Section 258(1)(b) that is a minor risk breach.
1.74Section 258(1)(a) that is a substantial risk breach.
1.75Section 258(1)(b) that is a substantial risk breach.
1.76Section 260(1)(a) that is a minor risk breach.
1.77Section 260(1)(b) that is a minor risk breach.
1.78Section 260(1)(a) that is a substantial risk breach.
1.79Section 260(1)(b) that is a substantial risk breach.
1.80Sections 263(1), 284(2), 286(1), 287(2), 287(3), 288(1), 288(2), 288(3), 293(1), 296(1), 297(2), 298(1), 299, 301, 302, 303, 305(1), 305(2), 305(3), 306, 307(2), 308(1), 309(2), 310(2), 319(1), 321(1), 321(2), 322(2), 323(2), 341(1), 341(2), 341(3), 341(4), 354(3), 354(5), 355(2), 355(4) and 355(6).
1.81Sections 373(2), 375, 376(2), 376(3), 377, 392(2), 395, 396(2), 399(2), 467, 468(1), 468(3), 469(2), 470(3), 470(8), 471(2), 471(3), 476(2), 488, 513(4), 514(3), 516(3), 517(4), 522(5), 524(5), 526(4), 528(3), 533(7), 534(5), 567(4), 568(3), 568(7), 569(2) and 569(7).
1.82Section 529 in respect of a vehicle defect notice that is a minor defect notice.
1.83Section 529 in respect of a vehicle defect notice that is a major defect notice.
1.84Sections 11(1), 16(2), 28, 34(2) and 36(2) of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation.".
═══════════════
ENDNOTES
[1] Reg. 4: S.R. No. 76/2006. Reprint No. 4 as at 7 August 2013. Reprinted to S.R. No. 74/2013.
0
0
0