Untitled document

Infringements (General) Miscellaneous Amendment Regulations 2009

S.R. No. 4/2009

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Principal Regulations

4Seven-day notice—prescribed details

5Prescribed persons

6Statement of financial circumstances

7Application for attachment of debts orders

8Application for variation or cancellation of community work permit

9Schedule 3—New items inserted

1AAConservation, Forests and Lands Act 1987

10Schedule 3—Road Safety Act 1986 item amendment

11Schedule 3—Transport Act 1983 item amendment

12Schedule 3—Water Act 1989 item amendment

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ENDNOTES

STATUTORY RULES 2009

S.R. No. 4/2009

Infringements Act 2006

Infringements (General) Miscellaneous Amendment Regulations 2009

The Governor in Council makes the following Regulations:

Dated: 3 February 2009

Responsible Minister:

ROB HULLS
Attorney-General

RYAN HEATH

Clerk of the Executive Council

1Objectives

The objectives of these Regulations are to amend the Infringements (General) Regulations 2006—

(a)to make a number of minor amendments; and

(b)to prescribe certain infringement offences under the Conservation, Forests and Lands Act 1987, Road Safety Act 1986, Transport Act 1983 and Water Act 1989 as "lodgeable infringement offences" for the purposes of the Infringements Act 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.

4Seven-day notice—prescribed details

(1)In regulations 18(d) and 18(e) of the Principal Regulations after "order" insert "(if applicable)".

(2)In the note at the foot of regulation 18 of the Principal Regulations, after "contain" insert "and clarifies that only a natural person who is not a director to whom a declaration under section 91 of the Act applies may apply for a payment order or revocation of the enforcement order".

5Prescribed persons

In regulation 19 of the Principal Regulations, after "Act," insert "the sheriff or".

6Statement of financial circumstances

In regulation 22(3)(b) of the Principal Regulations, before "the" insert "if an infringement warrant has been issued,".

7Application for attachment of debts orders

In regulation 27(g)(ii) of the Principal Regulations, after "warrant" insert "or warrants".

8Application for variation or cancellation of community work permit

In regulation 37(5) of the Principal Regulations, for "an infringements registrar" substitute "a registrar of the Court".

9Schedule 3—New items inserted

In Schedule 3 to the Principal Regulations, after item 1 insert—

"1AA Conservation, Forests and Lands Act 1987

1AA.1Section 82(5) constituted by a contravention of regulation 9(2) of the Conservation, Forests and Lands (Anglesea Heath) Regulations 2000[2].

1AA.2Section 82(5) constituted by a contravention of regulation 9(4)(b) of the Conservation, Forests and Lands (Anglesea Heath) Regulations 2000.

1AA.3Section 82(5) constituted by a contravention of regulation 9(8) of the Conservation, Forests and Lands (Anglesea Heath) Regulations 2000.

1AA.4Section 82(5) constituted by a contravention of regulation 10(1) of the Conservation, Forests and Lands (Anglesea Heath) Regulations 2000.

1AA.5Section 82(5) constituted by a contravention of regulation 15 of the Conservation, Forests and Lands (Anglesea Heath) Regulations 2000.

1AA.6Section 82(5) constituted by a contravention of regulation 17(1) of the Conservation, Forests and Lands (Anglesea Heath) Regulations 2000.

1AA.7Section 82(5) constituted by a contravention of regulation 18(1) of the Conservation, Forests and Lands (Anglesea Heath) Regulations 2000.

1AA.8Section 82(5) constituted by a contravention of regulation 19 of the Conservation, Forests and Lands (Anglesea Heath) Regulations 2000.".

10Schedule 3—Road Safety Act 1986 item amendment

In Schedule 3 to the Principal Regulations, after item 9A.1A insert—

"9A.1BSections 191L(2)(a), 191L(2)(b), 191L(4), 191M(2)(a), 191M(2)(b), 191M(4), 191N(2)(a), 191N(2)(b), 191N(4), 191O(2)(a), 191O(2)(b), 191O(4), 191P(2)(a), 191P(2)(b), 191P(4), 191R(3), 191T(2), 191T(3), 191T(4), 191U(1), 191U(2), 191U(3), 191V(3), 191V(4), 191W(3), 191Y(7), 191Y(9), 191ZO and 191ZY.".

11Schedule 3—Transport Act 1983 item amendment

(1)In item 11.2 of Schedule 3 to the Principal Regulations, after "36(2)," insert "36(2A),".

(2)In item 11.3 of Schedule 3 to the Principal Regulations, after "41(4)," insert "41(8), 41(9)(a), 41(9)(b),".

12Schedule 3—Water Act 1989 item amendment

In Schedule 3 to the Principal Regulations, after item 12.1 insert—

"12.2Subclauses 8.1, 8.2, 8.3 and 8.4 of Water Restrictions By-Law No. 189[3].

12.3Subclauses 8.1, 8.2, 8.3 and 8.4 of Model Water Restriction By-Law for East Gippsland Region Water Corporation No. 001/08[4].

12.4Subclauses 8.1, 8.2, 8.3 and 8.4 of By-Law No. 6, Adoption of Model Water Restriction By-Law, Regulating, Restricting or Prohibiting the Use of Water[5].

12.5Subclauses 8.1, 8.2, 8.3 and 8.4 of Model Water Restriction By-Law No. 01/2008[6].

12.6Subclauses 8.1, 8.2, 8.3 and 8.4 of Water Restriction By-Law No. 4[7].

12.7Subclauses 8.1, 8.2, 8.3 and 8.4 of Water Restrictions By-Law No. 15[8].

12.8Subclauses 9.1, 9.2, 9.3 and 9.4 of Water Restrictions By-Law No. 404[9].

12.9Subclauses 8.1, 8.2, 8.3 and 8.4 of Water Restriction By-Law No. 104[10].

12.10Subclauses 8.1, 8.2, 8.3 and 8.4 of By-Law No. 10 Water Restriction[11].".

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ENDNOTES

[1] Reg. 3: S.R. No. 76/2006.  Reprint No. 1 as at 14 July 2008.  Reprinted to S.R. No. 85/2008.  Subsequently amended by S.R. Nos 85/2008 and 107/2008.

[2] Reg. 9: Proposed item 1AA.1: Ministerial regulations made under section 82 of the Conservation, Forests and Lands Act 1987 on 20 December 2000 and published in Government Gazette No. 1 on 4 January 2001 (pages 14–19).  Subsequently amended by the Conservation, Forests and Lands (Anglesea Heath) (Amendment) Regulations 2001 made on 22 January 2001 and published in Government Gazette No. 5 on 1 February 2001 (pages 139 and 140).

[3] Reg. 12: Proposed item 12.2: By-Law made by the Board of Barwon Region Water Corporation on 19 June 2008 using the Model Water Restriction By-Law issued by the Minister for Water on 29 May 2008, notice of making By-Law No. 189 published in Government Gazette No. S202 on Friday 18 July 2008 (page 1).

[4] Reg. 12: Proposed item 12.3: By-Law made by East Gippsland Region Water Corporation using the Model Water Restriction By-Law issued by the Minister for Water on 29 May 2008, notice of making By-Law No. 001/08 published in Government Gazette No. 31 on 31 July 2008 (page 1806).

[5] Reg. 12: Proposed item 12.4: By-Law made by the South Gippsland Region Water Corporation using the Model Water Restriction By-Law issued by the Minister for Water on 29 May 2008, notice of making By-Law No. 6 published in Government Gazette No. 26 on 26 June 2008 (page 1452).

[6] Reg. 12: Proposed item 12.5: By-Law made by the North East Region Water Corporation on 24 June 2008 using the Model Water Restriction By-Law issued by the Minister for Water on 29 May 2008, notice of making By‑Law No. 01/2008 published in Government Gazette No. 28 on 10 July 2008 (page 1665).

[7] Reg. 12: Proposed item 12.6: By-Law made by the Board of Wannon Region Water Corporation on 25 July 2008 using the Model Water Restriction By-Law issued by the Minister for Water on 29 May 2008, notice of making By-Law No. 4 published in Government Gazette No. 32 on 7 August 2008 (page 1893).

[8] Reg. 12: Proposed item 12.7: By-Law made by the Central Gippsland Region Water Corporation, using the Model Water Restriction By-Law issued by the Minister for Water on 29 May 2008, notice of making By‑Law No. 15 published in Government Gazette No. 39 on 25 September 2008 (page 2247).

[9] Reg. 12: Proposed item 12.8: By-Law made by Central Highlands Water using the Model Water Restriction By-Law issued by the Minister for Water on 29 May 2008, notice of making By-Law No. 404 published in the Government Gazette No. 41 on 9 October 2008 (page 2346).

[10] Reg. 12: Proposed item 12.9: By-Law made by the Westernport Region Water Corporation using the Model Water Restriction By-Law issued by the Minister for Water on 29 May 2008, notice of making By-Law No. 104 published in Government Gazette No. 31 on 31 July 2008 (pages 1805 and 1806).

[11] Reg. 12: Proposed item 12.10: By-Law made by the Coliban Region Water Corporation on 19 June 2008 using the Model Water Restriction By-Law issued by the Minister for Water on 29 May 2008, notice of making By‑Law No. 10 published in Government Gazette No. 30 on 24 July 2008 (page 1751).