Untitled document

Infringements (General) Further Amendment Regulations 2010

S.R. No. 92/2010

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Principal Regulations

4Heading to regulation 37A amended

5Enforcement agencies

6Lodgeable infringement offences

7Further lodgeable infringement offences

2ACrown Land (Reserves) Act 1978

6AForests Act 1958

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ENDNOTES

STATUTORY RULES 2010

S.R. No. 92/2010

Infringements Act 2006

Infringements (General) Further Amendment Regulations 2010

The Governor in Council makes the following Regulations:

Dated: 21 September 2010

Responsible Minister:

ROB HULLS
Attorney-General

MATTHEW McBEATH

Clerk of the Executive Council

1Objectives

The objectives of these Regulations are to—

(a)amend the Infringements (General) Regulations 2006 to prescribe certain infringement offences under the Conservation, Forests and Lands Act 1987, the Crown Land (Reserves) Act 1978, the Electricity Safety Act 1998, the Forests Act 1958, the Heritage Act 1995, the Liquor Control Reform Act 1998 and the Road Management Act 2004 as lodgeable infringement offences for the purposes of the Infringements Act 2006;

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

2Authorising provision

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

3Principal Regulations

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

4Heading to regulation 37A amended

In the heading to regulation 37A of the Principal Regulations, for "charge" substitute "charge-sheet".

5Enforcement agencies

(1)In item 8 of Schedule 1 to the Principal Regulations for "Department of Infrastructure" substitute "Department of Transport".

(2)For item 10 of Schedule 1 to the Principal Regulations, substitute—

"10.Each of the following—

(a)a university within the meaning of the Education and Training Reform Act 2006;

(b)an institution approved to operate as a University or part of a University under section 4.3.30(1) of the Education and Training Reform Act 2006.".

(3)For item 12 of Schedule 1 to the Principal Regulations, substitute—

"12.A body that is a TAFE institute within the meaning of the Education and Training Reform Act 2006.".

(4)In item 27 of Schedule 1 to the Principal Regulations, for "Department of Infrastructure" substitute "Department of Transport".

6Lodgeable infringement offences

(1)After item 1AA.8 of Schedule 3 to the Principal Regulations insert—

"1AA.9Regulations 7(3), 8(4), 11(3), 12(1), 12(2), 12(3), 12(5), 12(6), 13(4), 14(3), 14(5), 15(4), 16(3), 16(4), 17(2), 18(3), 19(3), 19(5), 20(2), 20(3), 21(1), 21(4), 21(7), 23(2), 27(3), 28(3), 28(5), 29(3), 41(2), 43(1), 43(2), 43(3), 43(4), 44(1), 44(2), 45(2), 45(3), 46(2), 46(3), 48(2), 48(3), 48(4), 49(1), 50(1), 50(2), 50(6), 51(1), 52(1), 52(4), 52(5), 53(1), 54(1), 54(2), 54(4) and 55(1) of the Alpine Resorts (Management) Regulations 2009[2].

1AA.10Regulations 7(3), 7(4), 7(5)(a), 7(5)(b), 7(7), 9(1)(a), 9(1)(b), 9(1)(c), 9(3), 9(4), 10(1), 10(2), 12(1)(b), 13(1) and 14(1) of the Wildlife (Marine Mammals) Regulations 2009[3].".

(2)For item 6.4 of Schedule 3 to the Principal Regulations substitute—

"6.4Section 74A.

6.5Regulations 6(a), 6(b) and 6(c) of the Heritage (Historic Shipwrecks) Regulations 2007[4].".

(3)In item 7.3 of Schedule 3 to the Principal Regulations, after "113(1C)," insert "113A(1),".

(4)In item 9AA.1 of Schedule 3 to the Principal Regulations, after "66(1)" insert ", 67(3), 68(2)".

(5)After item 9AA.1 of Schedule 3 to the Principal Regulations insert—

"9AA.2Regulations 504(2), 504(6), 505 and 506 of the Road Management (General) Regulations 2005[5].".

(6)For the heading to item 11 of Schedule 3 to the Principal Regulations substitute—

"Transport (Compliance and Miscellaneous) Act 1983".

7Further lodgeable infringement offences

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

"2A Crown Land (Reserves) Act 1978

2A.1Section 13(5) constituted by a contravention of regulation 8(1) of the Crown Land (Reserves) (Albert Park Reserve and Albert Reserve) Regulations 2008[6].

2A.2Section 13(5) constituted by a contravention of regulation 9(2) of the Crown Land (Reserves) (Albert Park Reserve and Albert Reserve) Regulations 2008.

2A.3Section 13(5) constituted by a contravention of regulation 9(3) of the Crown Land (Reserves) (Albert Park Reserve and Albert Reserve) Regulations 2008.

2A.4Section 13(5) constituted by a contravention of regulation 12(3) of the Crown Land (Reserves) (Albert Park Reserve and Albert Reserve) Regulations 2008.

2A.5Section 13(5) constituted by a contravention of regulation 13(2) of the Crown Land (Reserves) (Albert Park Reserve and Albert Reserve) Regulations 2008.

2A.6Section 13(5) constituted by a contravention of regulation 13(3) of the Crown Land (Reserves) (Albert Park Reserve and Albert Reserve) Regulations 2008.

2A.7Section 13(6) constituted by a contravention of regulation 14(1) of the Crown Land (Reserves) (Albert Park Reserve and Albert Reserve) Regulations 2008.

2A.8Section 13(5) constituted by a contravention of regulation 14(2) of the Crown Land (Reserves) (Albert Park Reserve and Albert Reserve) Regulations 2008.

2A.9Section 13(5) constituted by a contravention of regulation 15(4)(c) of the Crown Land (Reserves) (Albert Park Reserve and Albert Reserve) Regulations 2008.

2A.10Section 13(5) constituted by a contravention of regulation 16(2) of the Crown Land (Reserves) (Albert Park Reserve and Albert Reserve) Regulations 2008.

2A.11Section 13(5) constituted by a contravention of regulation 17(2) of the Crown Land (Reserves) (Albert Park Reserve and Albert Reserve) Regulations 2008.

2A.12Section 13(5) constituted by a contravention of regulation 18 of the Crown Land (Reserves) (Albert Park Reserve and Albert Reserve) Regulations 2008.

2A.13Section 13(5) constituted by a contravention of regulation 19(1) of the Crown Land (Reserves) (Albert Park Reserve and Albert Reserve) Regulations 2008.

2A.14Section 13(5) constituted by a contravention of regulation 19(4) of the Crown Land (Reserves) (Albert Park Reserve and Albert Reserve) Regulations 2008.

2A.15Section 13(5) constituted by a contravention of regulation 20(1) of the Crown Land (Reserves) (Albert Park Reserve and Albert Reserve) Regulations 2008.

2A.16Section 13(5) constituted by a contravention of regulation 24(1)(a) of the Crown Land (Reserves) (Albert Park Reserve and Albert Reserve) Regulations 2008.

2A.17Section 13(5) constituted by a contravention of regulation 25(1)(a) of the Crown Land (Reserves) (Albert Park Reserve and Albert Reserve) Regulations 2008.

2A.18Section 13(5) constituted by a contravention of regulation 25(1)(b) of the Crown Land (Reserves) (Albert Park Reserve and Albert Reserve) Regulations 2008.

2A.19Section 13(5) constituted by a contravention of regulation 25(1)(c) of the Crown Land (Reserves) (Albert Park Reserve and Albert Reserve) Regulations 2008.

2A.20Section 13(5) constituted by a contravention of regulation 25(2)(a) of the Crown Land (Reserves) (Albert Park Reserve and Albert Reserve) Regulations 2008.

2A.21Section 13(5) constituted by a contravention of regulation 26(2) of the Crown Land (Reserves) (Albert Park Reserve and Albert Reserve) Regulations 2008.

2A.22Section 13(5) constituted by a contravention of regulation 27(1) of the Crown Land (Reserves) (Albert Park Reserve and Albert Reserve) Regulations 2008.

2A.23Section 13(5) constituted by a contravention of regulation 28(1)(a) of the Crown Land (Reserves) (Albert Park Reserve and Albert Reserve) Regulations 2008.

2A.24Section 13(5) constituted by a contravention of regulation 28(1)(c) of the Crown Land (Reserves) (Albert Park Reserve and Albert Reserve) Regulations 2008.

2A.25Section 13(5) constituted by a contravention of regulation 31(1)(a) of the Crown Land (Reserves) (Albert Park Reserve and Albert Reserve) Regulations 2008.

2A.26Section 13(5) constituted by a contravention of regulation 35(2) of the Crown Land (Reserves) (Albert Park Reserve and Albert Reserve) Regulations 2008.

2A.27Section 13(5) constituted by a contravention of regulation 35(4) of the Crown Land (Reserves) (Albert Park Reserve and Albert Reserve) Regulations 2008.

2A.28Section 13(5) constituted by a contravention of regulation 36(2) of the Crown Land (Reserves) (Albert Park Reserve and Albert Reserve) Regulations 2008.

2A.29Section 13(5) constituted by a contravention of regulation 38(1) of the Crown Land (Reserves) (Albert Park Reserve and Albert Reserve) Regulations 2008.

2A.30Section 13(5) constituted by a contravention of regulation 38(2) of the Crown Land (Reserves) (Albert Park Reserve and Albert Reserve) Regulations 2008.

2A.31Section 13(5) constituted by a contravention of regulation 39(1)(c) of the Crown Land (Reserves) (Albert Park Reserve and Albert Reserve) Regulations 2008.

2A.32Section 13(5) constituted by a contravention of regulation 41(1) of the Crown Land (Reserves) (Albert Park Reserve and Albert Reserve) Regulations 2008.

2A.33Section 13(5) constituted by a contravention of regulation 41(2) of the Crown Land (Reserves) (Albert Park Reserve and Albert Reserve) Regulations 2008.

2A.34Section 13(5) constituted by a contravention of regulation 10(3) of the Crown Land (Reserves) (Nature Conservation Reserve) Regulations 2004.[7]

2A.35Section 13(5) constituted by a contravention of regulation 13(1)(a) of the Crown Land (Reserves) (Nature Conservation Reserve) Regulations 2004.

2A.36Section 13(5) constituted by a contravention of regulation 13(1)(b) of the Crown Land (Reserves) (Nature Conservation Reserve) Regulations 2004.

2A.37Section 13(5) constituted by a contravention of regulation 13(3) of the Crown Land (Reserves) (Nature Conservation Reserve) Regulations 2004.

2A.38Section 13(5) constituted by a contravention of regulation 14(1) of the Crown Land (Reserves) (Nature Conservation Reserve) Regulations 2004.

2A.39Section 13(5) constituted by a contravention of regulation 17(1)(a) of the Crown Land (Reserves) (Nature Conservation Reserve) Regulations 2004.

2A.40Section 13(5) constituted by a contravention of regulation 18(1)(a) of the Crown Land (Reserves) (Nature Conservation Reserve) Regulations 2004.

2A.41Section 13(5) constituted by a contravention of regulation 21 of the Crown Land (Reserves) (Nature Conservation Reserve) Regulations 2004.

2A.42Section 13(5) constituted by a contravention of regulation 22(1) of the Crown Land (Reserves) (Nature Conservation Reserve) Regulations 2004.

2A.43Section 13(5) constituted by a contravention of regulation 23(1) of the Crown Land (Reserves) (Nature Conservation Reserve) Regulations 2004.

2A.44Section 13(5) constituted by a contravention of regulation 23(2)(a) of the Crown Land (Reserves) (Nature Conservation Reserve) Regulations 2004.

2A.45Section 13(5) constituted by a contravention of regulation 27(1) of the Crown Land (Reserves) (Nature Conservation Reserve) Regulations 2004.

2A.46Section 13(5) constituted by a contravention of regulation 27(4) of the Crown Land (Reserves) (Nature Conservation Reserve) Regulations 2004.

2A.47Section 13(5) constituted by a contravention of regulation 29(1) of the Crown Land (Reserves) (Nature Conservation Reserve) Regulations 2004.

2A.48Section 13(5) constituted by a contravention of regulation 30(1) of the Crown Land (Reserves) (Nature Conservation Reserve) Regulations 2004.

2A.49Section 13(5) constituted by a contravention of regulation 31(1) of the Crown Land (Reserves) (Nature Conservation Reserve) Regulations 2004.

2A.50Section 13(5) constituted by a contravention of regulation 31(2) of the Crown Land (Reserves) (Nature Conservation Reserve) Regulations 2004.

2A.51Section 13(5) constituted by a contravention of regulation 34(1) of the Crown Land (Reserves) (Nature Conservation Reserve) Regulations 2004.

2A.52Section 13(5) constituted by a contravention of regulation 7(1) of the Crown Land (Reserves) (Yarra Bend Park) Regulations 2009[8].

2A.53Section 13(5) constituted by a contravention of regulation 8(2) of the Crown Land (Reserves) (Yarra Bend Park) Regulations 2009.

2A.54Section 13(5) constituted by a contravention of regulation 8(3) of the Crown Land (Reserves) (Yarra Bend Park) Regulations 2009.

2A.55Section 13(5) constituted by a contravention of regulation 12(2) of the Crown Land (Reserves) (Yarra Bend Park) Regulations 2009.

2A.56Section 13(5) constituted by a contravention of regulation 12(3) of the Crown Land (Reserves) (Yarra Bend Park) Regulations 2009.

2A.57Section 13(5) constituted by a contravention of regulation 13 of the Crown Land (Reserves) (Yarra Bend Park) Regulations 2009.

2A.58Section 13(5) constituted by a contravention of regulation 14(2) of the Crown Land (Reserves) (Yarra Bend Park) Regulations 2009.

2A.59Section 13(5) constituted by a contravention of regulation 14(3) of the Crown Land (Reserves) (Yarra Bend Park) Regulations 2009.

2A.60Section 13(5) constituted by a contravention of regulation 14(4)(c) of the Crown Land (Reserves) (Yarra Bend Park) Regulations 2009.

2A.61Section 13(5) constituted by a contravention of regulation 15(2) of the Crown Land (Reserves) (Yarra Bend Park) Regulations 2009.

2A.62Section 13(5) constituted by a contravention of regulation 16(2)(a) of the Crown Land (Reserves) (Yarra Bend Park) Regulations 2009.

2A.63Section 13(5) constituted by a contravention of regulation 16(2)(b) of the Crown Land (Reserves) (Yarra Bend Park) Regulations 2009.

2A.64Section 13(5) constituted by a contravention of regulation 17(1) of the Crown Land (Reserves) (Yarra Bend Park) Regulations 2009.

2A.65Section 13(5) constituted by a contravention of regulation 18(1) of the Crown Land (Reserves) (Yarra Bend Park) Regulations 2009.

2A.66Section 13(5) constituted by a contravention of regulation 18(4) of the Crown Land (Reserves) (Yarra Bend Park) Regulations 2009.

2A.67Section 13(5) constituted by a contravention of regulation 19(1) of the Crown Land (Reserves) (Yarra Bend Park) Regulations 2009.

2A.68Section 13(5) constituted by a contravention of regulation 23(1)(a) of the Crown Land (Reserves) (Yarra Bend Park) Regulations 2009.

2A.69Section 13(5) constituted by a contravention of regulation 24(1)(a) of the Crown Land (Reserves) (Yarra Bend Park) Regulations 2009.

2A.70Section 13(5) constituted by a contravention of regulation 24(1)(b) of the Crown Land (Reserves) (Yarra Bend Park) Regulations 2009.

2A.71Section 13(5) constituted by a contravention of regulation 24(1)(c) of the Crown Land (Reserves) (Yarra Bend Park) Regulations 2009.

2A.72Section 13(5) constituted by a contravention of regulation 24(2)(a) of the Crown Land (Reserves) (Yarra Bend Park) Regulations 2009.

2A.73Section 13(5) constituted by a contravention of regulation 25(2) of the Crown Land (Reserves) (Yarra Bend Park) Regulations 2009.

2A.74Section 13(5) constituted by a contravention of regulation 26(1)(a) of the Crown Land (Reserves) (Yarra Bend Park) Regulations 2009.

2A.75Section 13(5) constituted by a contravention of regulation 26(1)(c) of the Crown Land (Reserves) (Yarra Bend Park) Regulations 2009.

2A.76Section 13(5) constituted by a contravention of regulation 28 of the Crown Land (Reserves) (Yarra Bend Park) Regulations 2009.

2A.77Section 13(5) constituted by a contravention of regulation 29(1)(a) of the Crown Land (Reserves) (Yarra Bend Park) Regulations 2009.

2A.78Section 13(5) constituted by a contravention of regulation 32(2) of the Crown Land (Reserves) (Yarra Bend Park) Regulations 2009.

2A.79Section 13(5) constituted by a contravention of regulation 32(3) of the Crown Land (Reserves) (Yarra Bend Park) Regulations 2009.

2A.80Section 13(5) constituted by a contravention of regulation 32(6) of the Crown Land (Reserves) (Yarra Bend Park) Regulations 2009.

2A.81Section 13(5) constituted by a contravention of regulation 33(2) of the Crown Land (Reserves) (Yarra Bend Park) Regulations 2009.

2A.82Section 13(5) constituted by a contravention of regulation 35(1) of the Crown Land (Reserves) (Yarra Bend Park) Regulations 2009.

2A.83Section 13(5) constituted by a contravention of regulation 35(2) of the Crown Land (Reserves) (Yarra Bend Park) Regulations 2009.

2A.84Section 13(5) constituted by a contravention of regulation 38(1) of the Crown Land (Reserves) (Yarra Bend Park) Regulations 2009.

2A.85Section 13(5) constituted by a contravention of regulation 38(2) of the Crown Land (Reserves) (Yarra Bend Park) Regulations 2009.

2A.86Section 13(5) constituted by a contravention of regulation 39(2) of the Crown Land (Reserves) (Yarra Bend Park) Regulations 2009.

2A.87Section 13(5) constituted by a contravention of regulation 39(3) of the Crown Land (Reserves) (Yarra Bend Park) Regulations 2009.

2A.88Section 13(5) constituted by a contravention of regulation 39(4) of the Crown Land (Reserves) (Yarra Bend Park) Regulations 2009.

2A.89Section 13(5) constituted by a contravention of regulation 40(1) of the Crown Land (Reserves) (Yarra Bend Park) Regulations 2009.".

(2)In item 4.1 of Schedule 4 to the Principal Regulations, for "104(3), 105(4), 114A(4), 115(1), 117(1)" substitute "108, 110, 119, 120B, 120H(4)".

(3)After item 4.5 of Schedule 4 to the Principal Regulations, insert—

"4.6Regulations 15(1)(a), 15(1)(d), 15(1)(e), 15(2), 15(3), 18(3)(a), 18(3)(b), 18(4), 30(3), 35, 36(3), 36(4) and 37 of the Electricity Safety (Registration and Licensing) Regulations 2010[9].

4.7Regulations 9(2), 9(3), 9(4), 9(5), 9(6), 9(7), 9(8) and 9(9) of the Electricity Safety (Electric Line Clearance) Regulations 2010[10].".

(4)After item 6 of Schedule 4 to the Principal Regulations insert—

"6A Forests Act 1958

6A.1Sections 66A(1), 66B(1), 66B(2), 66C(1) and 77(1).".

(5)In item 7B.1 of Schedule 4 to the Principal Regulations omit "20(1),".

(6)After item 7B.1 of Schedule 4 to the Principal Regulations insert—

"7B.1AAn offence under section 20(2) constituted by a contravention of section 20(1).".

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ENDNOTES

[1] Reg. 3: S.R. No. 76/2006.  Reprint No. 1 incorporating amendments as at 14 July 2008.  Reprinted to S.R. No. 85/2008 and subsequently amended by S.R. Nos 85/2008, 107/2008, 4/2009, 61/2009, 106/2009, 168/2009, 2/2010 and 17/2010.

[2] Reg. 6(1) (proposed item 1AA.9): S.R. No. 136/2009.

[3] Reg. 6(1) (proposed item 1AA.10): S.R. No. 143/2009.

[4] Reg. 6(2) (proposed item 6.5): S.R. No. 80/2007.

[5] Reg. 6(5): S.R. No. 63/2005 as amended by S.R. No 127/2009.

[6] Reg. 7(1) (proposed item 2A.1): Ministerial regulations made under section 13 of the Crown Land (Reserves) Act 1978 on 28 November 2008 and published in Government Gazette No. S 333 on 3 December 2008 (page 1).

[7] Reg. 7(1) (proposed item 2A.34): Ministerial regulations made under section 13 of the Crown Land (Reserves) Act 1978 on 11 November 2004 and published in Government Gazette No. S 241 on 23 November 2004 (page 1).

[8] Reg. 7(1) (proposed item 2A.52): Ministerial regulations made under section 13 of the Crown Land (Reserves) Act 1978 on 16 December 2009 and published in Government Gazette No. S 473 on 17 December 2009 (page 1).

[9] Reg. 7(3) (proposed item 4.6): S.R. No. 21/2010.

[10] Reg. 7(3) (proposed item 4.7): S.R. No. 47/2010.