Untitled document

Infringements (General) Further Amendment (Lodgeable Infringements Offences) Regulations 2011

S.R. No. 67/2011

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Commencement

3Authorising provision

4Principal Regulations

5Schedule 3 amended

2Estate Agents Act 1980

4Food Act 1984

6Schedule 4 amended

8AOwners Corporations Act 2006

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ENDNOTES

STATUTORY RULES 2011

S.R. No. 67/2011

Infringements Act 2006

Infringements (General) Further Amendment (Lodgeable Infringements Offences) Regulations 2011

The Governor in Council makes the following Regulations:

Dated: 26 July 2011

Responsible Minister:

ROBERT CLARK
Attorney-General

MATTHEW McBEATH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Infringements (General) Regulations 2006—

(a)to prescribe certain infringement offences under the Estate Agents Act 1980, Fisheries Act 1995, Food Act 1984, Liquor Control Reform Act 1998, Owners Corporations Act 2006, Summary Offences Act 1966, Tobacco Act 1987, Transport (Compliance and Miscellaneous) Act 1983 and Travel Agents Act 1986 as lodgeable infringement offences for the purposes of the Infringements Act 2006; and

(b)to make other amendments of a consequential nature to the Infringements (General) Regulations 2006.

2Commencement

(1)These Regulations, except regulation 5(3), come into operation on the day they are made.

(2)Regulation 5(3) comes into operation on 1 August 2011.

3Authorising provision

These Regulations are made under section 168 of the Infringements Act 2006.

4Principal Regulations

In these Regulations, the Infringements (General) Regulations 2006[1] are called the Principal Regulations.

5Schedule 3 amended

(1)For item 2 of Schedule 3 to the Principal Regulations substitute—

"2 Estate Agents Act 1980

2.1Sections 47(2), 47(2A), 48(2), 59(7), 63(3), 63(3B) and 63(5)(b).

2.2Regulations 12(1), 13(1), 13(3), 16(3), 17(1), 18(1), 18(5), 19(4), 20, 21(1), 22(1), 22(2), 23(1), 23(3), 23(4), 23(5), 23(6), 23(7), 23(8), 24(2), 24(4), 25(1), 26(1), 26(2), 29(2), 29(3), 29(5) and 30(1) of the Estate Agents (General, Accounts and Audit) Regulations 2008[2].".

(2)After item 3A of Schedule 3 to the Principal Regulations, insert—

"4 Food Act 1984

4.1Section 16(1) constituted by a failure to comply with clause 5(2)(a) of Standard 3.2.2 of the Food Standards Code.

4.2Section 16(1) constituted by a failure to comply with clause 5(2)(b) of Standard 3.2.2 of the Food Standards Code.

4.3Section 16(1) constituted by a failure to comply with clause 6(1)(a) of Standard 3.2.2 of the Food Standards Code.

4.4Section 16(1) constituted by a failure to comply with clause 6(2) of Standard 3.2.2 of the Food Standards Code.

4.5Section 16(1) constituted by a failure to comply with clause 7(1)(b) of Standard 3.2.2 of the Food Standards Code.

4.6Section 16(1) constituted by a failure to comply with clause 7(2) of Standard 3.2.2 of the Food Standards Code.

4.7Section 16(1) constituted by a failure to comply with clause 8(1) of Standard 3.2.2 of the Food Standards Code.

4.8Section 16(1) constituted by a failure to comply with clause 8(2)(b) of Standard 3.2.2 of the Food Standards Code.

4.9Section 16(1) constituted by a failure to comply with clause 8(2)(c) of Standard 3.2.2 of the Food Standards Code.

4.10Section 16(1) constituted by a failure to comply with clause 8(4) of Standard 3.2.2 of the Food Standards Code.

4.11Section 16(1) constituted by a failure to comply with clause 8(5)(a) of Standard 3.2.2 of the Food Standards Code.

4.12Section 16(1) constituted by a failure to comply with clause 8(5)(b) of Standard 3.2.2 of the Food Standards Code.

4.13Section 16(1) constituted by a failure to comply with clause 10(b) of Standard 3.2.2 of the Food Standards Code.

4.14Section 16(1) constituted by a failure to comply with clause 10(c) of Standard 3.2.2 of the Food Standards Code.

4.15Section 16(1) constituted by a failure to comply with clause 11(3) of Standard 3.2.2 of the Food Standards Code.

4.16Section 16(1) constituted by a failure to comply with clause 11(4) of Standard 3.2.2 of the Food Standards Code.

4.17Section 16(1) constituted by a failure to comply with clause 12 of Standard 3.2.2 of the Food Standards Code.

4.18Section 16(1) constituted by a failure to comply with clause 16(3) of Standard 3.2.2 of the Food Standards Code.

4.19Section 16(1) constituted by a failure to comply with clause 17 of Standard 3.2.2 of the Food Standards Code.

4.20Section 16(1) constituted by a failure to comply with clause 19 of Standard 3.2.2 of the Food Standards Code.

4.21Section 16(1) constituted by a failure to comply with clause 20(1) of Standard 3.2.2 of the Food Standards Code.

4.22Section 16(1) constituted by a failure to comply with clause 21(2) of Standard 3.2.2 of the Food Standards Code.

4.23Section 16(1) constituted by a failure to comply with clause 22(a) of Standard 3.2.2 of the Food Standards Code.

4.24Section 16(1) constituted by a failure to comply with clause 23(b)(ii) of Standard 3.2.2 of the Food Standards Code.

4.25Section 16(1) constituted by a failure to comply with clause 24(1)(a) of Standard 3.2.2 of the Food Standards Code.

4.26Section 16(1) constituted by a failure to comply with clause 24(1)(b) of Standard 3.2.2 of the Food Standards Code.

4.27Section 16(1) constituted by a failure to comply with clause 4(2) of Standard 3.2.3 of the Food Standards Code.

4.28Section 16(1) constituted by a failure to comply with clause 5(a) of Standard 3.2.3 of the Food Standards Code.

4.29Section 16(1) constituted by a failure to comply with clause 6(a) of Standard 3.2.3 of the Food Standards Code.

4.30Section 16(1) constituted by a failure to comply with clause 6(b) of Standard 3.2.3 of the Food Standards Code.

4.31Section 16(1) constituted by a failure to comply with clause 10(2)(a) of Standard 3.2.3 of the Food Standards Code.

4.32Section 16(1) constituted by a failure to comply with clause 10(2)(b) of Standard 3.2.3 of the Food Standards Code.

4.33Section 16(1) constituted by a failure to comply with clause 10(2)(c) of Standard 3.2.3 of the Food Standards Code.

4.34Section 16(1) constituted by a failure to comply with clause 11(4)(a) of Standard 3.2.3 of the Food Standards Code.

4.35Section 16(1) constituted by a failure to comply with clause 12(2)(b) of Standard 3.2.3 of the Food Standards Code.

4.36Section 16(1) constituted by a failure to comply with clause 12(2)(c) of Standard 3.2.3 of the Food Standards Code.

4.37Section 16(1) constituted by a failure to comply with clause 12(3) of Standard 3.2.3 of the Food Standards Code.

4.38Section 16(1) constituted by a failure to comply with clause 12(4) of Standard 3.2.3 of the Food Standards Code.

4.39Section 16(1) constituted by a failure to comply with clause 13 of Standard 3.2.3 of the Food Standards Code.

4.40Section 16(1) constituted by a failure to comply with clause 14 of Standard 3.2.3 of the Food Standards Code.

4.41Section 16(1) constituted by a failure to comply with clause 15(2) of Standard 3.2.3 of the Food Standards Code.

4.42Sections 17, 19CB(6), 19F, 19GB, 35A(1), 35A(2) and 43I(1).".

(3)In Schedule 3 to the Principal Regulations—

(a)in item 7.2, for "and 106B" substitute ", 106B, 106H(3)(a), 106H(3)(b), 106H(7), 106J(1), 106J(2), 106K(1), 106K(2), 106K(4) and 106K(5)";

(b)in item 7.3, after "114(2)," insert "114(3), 114(4),".

(4)In Schedule 3 to the Principal Regulations—

(a)in item 7.3, after "108(1)(d)," insert "108(4)(a), 108(4)(b),";

(b)in item 7.4, for "and 148J(2)" substitute ", 148J(2) and 148ZJ(2)";

(c)in item 7.5, for "and 6" substitute

", 6 and 7".

(5)In item 10AA of Schedule 3 to the Principal Regulations—

(a)after "Sections" insert "6,";

(b)after "9(1)(c)" insert ", 13, 14";

(c)for "and 17(1)(d)" substitute ", 17(1)(d), 17A and 18".

(6)In item 10A.1 of Schedule 3 to the Principal Regulations, after "5R(1)" insert ", 5S".

(7)After item 11.10 of Schedule 3 to the Principal Regulations insert—

"11.11Regulation 9(3), 10(3), 12(3), 17, 18(1), 19(1), 20(1) and 20(2) of the Port Management (Port of Melbourne Safety and Property) Regulations 2010[3].".

(8)In item 11A.1 of Schedule 3 to the Principal Regulations, after "32(1)" insert ", 39B(1), 39B(2)".

6Schedule 4 amended

(1)After item 6.249 of Schedule 4 to the Principal Regulations insert—

"6.249ASection 67(3) constituted by a contravention of regulation 123(2) of the Fisheries Regulations 2009.".

(2)After item 8 of Schedule 4 to the Principal Regulations insert—

"8A Owners Corporations Act 2006

8A.1Sections 127, 178 and 188.".

(3)Item 12 of Schedule 4 to the Principal Regulations is revoked.

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ENDNOTES

[1]

Reg. 4: S.R. No. 76/2006.  Reprint No. 2 as at 21 September 2010.  Reprinted to S.R. No. 92/2010.  Subsequently amended by

S.R. Nos 17/2010, 16/2011 and 39/2011.

[2]

Reg. 5(1) (proposed item 2.2): S.R. No. 39/2008 as amended by

S.R. No. 32/2011.

[3] Reg. 5(7) (proposed item 11.11): S.R. No. 115/2010.