Untitled document

Transport (Infringements) Amendment Regulations 2012

S.R. No. 139/2012

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Amendment to Table 6 of Schedule 3

5Amendment of Schedule 5—Marine Safety Act 2010 offences

6Amendment of Schedule 5—Marine Safety Regulations 2012 offences

7Amendment of Schedule 5—Marine (Drug, Alcohol and Pollution Control) Act 1988 offences

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ENDNOTES

STATUTORY RULES 2012

S.R. No. 139/2012

Transport (Compliance and Miscellaneous) Act 1983

Transport (Infringements) Amendment Regulations 2012

The Governor in Council makes the following Regulations:

Dated: 27 November 2012

Responsible Minister:

TERRY MULDER
Minister for Public Transport

MATTHEW McBEATH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Transport (Infringements) Regulations 2010 to—

(a)prescribe marine drug and alcohol offences and other marine safety offences under the Marine (Drug, Alcohol and Pollution Control) Act 1988 as transport safety infringement offences; and

(b)prescribe offences under the Transport (Compliance and Miscellaneous) Act 1983 as transport infringement offences; and

(c)provide that a transport safety infringement applies in circumstances identified in the regulations; and

(d)provide that a transport safety infringement applies, or does not apply, to a person or class of person specified in the regulations; and

(e)prescribe infringement penalties for those transport infringements and transport safety infringements; and

(f)allow for different amounts of penalty for a transport safety infringement according to the circumstances in which the offence is committed or the extent of the contravention constituting the offence.

2Authorising provisions

These Regulations are made under sections 215 and 228ZZPB of the Transport (Compliance and Miscellaneous) Act 1983.

3Commencement

These Regulations come into operation on 1 December 2012.

4Amendment to Table 6 of Schedule 3

In Table 6 of Schedule 3 to the Transport (Infringements) Regulations 2010[1], after item 100 insert—

"

100A	An offence against s. 228ZBA(3) constituted by a refusal or failure to comply with s. 228ZBA(1A)	Failing to stop or manoeuvre a vessel and failing to produce equipment for inspection	2 penalty units	5846
100B	s. 228ZM(2)	Failing to provide information concerning the identity and the location of the owner or master of a vessel	1×47 penalty units	5847

".

5Amendment of Schedule 5—Marine Safety Act 2010 offences

After item 18 of Schedule 5 to the Transport (Infringements) Regulations 2010 insert—

"

18A	s. 162A(4)	Failing to allow a vessel or equipment on vessel to be inspected	2 penalty units	5848
18B	An offence against s. 162A(5) constituted by a failure to comply with s. 162A(2)(b)	Failing to stop or manoeuvre a vessel and produce for inspection equipment specified in a direction	2 penalty units	5849
18C	s. 162C	Failing to provide information concerning the identity and the location of the owner or master of a vessel	1×47 penalty units	5850

".

6Amendment of Schedule 5—Marine Safety Regulations 2012 offences

Before item 50 of Schedule 5 to the Transport (Infringements) Regulations 2010 insert—

"

49A	reg. 15	Failing to notify the Safety Director of a change of details to the vessel provided under regulation 11(2)(d)	1 penalty unit	5862
49B	reg. 16	Failing to notify the Safety Director of a change of name or address of registered person	1 penalty unit	5863
49C	reg. 17	As person disposing of vessel registered in person's name, fail to comply with transfer requirements	1 penalty unit	5864
49D	reg. 18	As person acquiring registered vessel, fail to comply with transfer requirements	1 penalty unit	5865

".

7Amendment of Schedule 5—Marine (Drug, Alcohol and Pollution Control) Act 1988 offences

For items 97 and 98 of Schedule 5 to the Transport (Infringements) Regulations 2010 substitute—

"

97	s. 28(1)(b)	Operate or be the master or pilot of a vessel with— (a)  blood alcohol level of 0·05 or more but less than 0·07g/100ml; or (b)  breath alcohol level of 0·05 or more but less than 0·07g/210 litres of exhaled air— and—	3 penalty units	5851
(c)  a prescribed concentration of zero blood or breath alcohol does not apply to the person; and (d)  the person is aged 26 years or older at the time of the transport safety infringement
98	s. 28(1)(b)	Operate or be the master or pilot of a vessel with— (a)  blood alcohol level of 0·05 or more but less than 0·07g/100ml; or (b)  breath alcohol level of 0·05 or more but less than 0·07g/210 litres of exhaled air— and—	3 penalty units	5852
(c)  a prescribed concentration of zero blood or breath alcohol does not apply to the person; and (d)  the person is aged under 26 years at the time of the transport safety infringement
99	s. 28(1)(b)	Operate or be the master or pilot of a vessel with— (a)  blood alcohol level of 0×05 or more but less than 0×07g/100ml; or	3 penalty units	5853

(b)  breath alcohol level of 0×05 or more but less than 0×07g/210 litres of exhaled air— and a prescribed concentration of zero blood or breath alcohol applies to the person
100	s. 28(1)(b)	Operate or be the master or pilot of a vessel with blood alcohol level of 0×07 or more but less than 0×10g/100ml or breath alcohol level of 0×07 or more but less than 0×10g/210 litres of exhaled air	3 penalty units	5854
101	s. 28(1)(b)	Operate or be the master or pilot of a vessel with— (a)  blood alcohol level of less than 0×05g/100 ml; or (b)  breath alcohol level of less than 0×05g/210 litres of exhaled air— and a prescribed concentration of zero blood or breath alcohol applies to the person	2×5 penalty units	5855

102	s. 28(1)(b)	Operate or be the master or pilot of a vessel with blood alcohol level of 0×10 or more but less than 0×11g/100 ml or breath alcohol level of 0×10 or more but less than 0×11g/210 litres of exhaled air	4×25 penalty units	5856
103	s. 28(1)(b)	Operate or be the master or pilot of a vessel with blood alcohol level of 0×11 or more but less than 0×12g/100 ml or breath alcohol level of 0×11 or more but less than 0×12g/210 litres of exhaled air	4×25 penalty units	5857
104	s. 28(1)(b)	Operate or be the master or pilot of a vessel with blood alcohol level of 0×12 or more but less than 0×13g/100 ml or breath alcohol level of 0×12 or more but less than 0×13g/210 litres of exhaled air	4×25 penalty units	5858

105	s. 28(1)(b)	Operate or be the master or pilot of a vessel with blood alcohol level of 0×13 or more but less than 0×14g/100 ml or breath alcohol level of 0×13 or more but less than 0×14g/210 litres of exhaled air	4×25 penalty units	5859
106	s. 28(1)(b)	Operate or be the master or pilot of a vessel with blood alcohol level of 0×14 or more but less than 0×15g/100 ml or breath alcohol level of 0×14 or more but less than 0×15g/210 litres of exhaled air	4×25 penalty units	5860
107	s. 28(1)(bb)	Operate or be the master or pilot of a vessel while the prescribed concentration of drugs or more than the prescribed concentration of drugs is present in blood or oral fluid	3 penalty units	5861

".

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ENDNOTES

[1] Reg. 4: S.R. No. 4/2010 as amended by S.R. Nos 41/2010, 133/2010, 24/2011, 76/2011, 105/2011 and 55/2012.

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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.

In accordance with section 11 of the Monetary Units Act 2004, the value of a penalty unit for the financial year commencing 1 July 2012 is $140.84.

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.