Untitled document

Domestic (Feral and Nuisance) Animals (Infringements Amendment) Regulations 2008

S.R. No. 67/2008

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Infringement penalties

47Infringement penalties

4Revocation of Schedule 5

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ENDNOTES

STATUTORY RULES 2008

S.R. No. 67/2008

Domestic (Feral and Nuisance) Animals Act 1994

Domestic (Feral and Nuisance) Animals (Infringements Amendment) Regulations 2008

The Administrator of the State of Victoria as the Governor's deputy with the advice of the Executive Council, makes the following Regulations:

Dated: 24 June 2008

Responsible Minister:

JOE HELPER
Minister for Agriculture

RYAN HEATH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Domestic (Feral and Nuisance) Animals Regulations 2005—

(a)to prescribe penalties for offences for which an infringement notice may be served; and

(b)to revoke Schedule 5.

2Authorising provision

These Regulations are made under section 100 of the Domestic (Feral and Nuisance) Animals Act 1994.

3Infringement penalties

For regulation 47 of the Domestic (Feral and Nuisance) Animals Regulations 2005[1] substitute—

"47   Infringement penalties

For the purposes of section 88 of the Act, the infringement penalty for an offence—

(a)against sections 20(1), 21, 22, 23(4), 25(1) and 32(1) of the Act is 0·5 penalty units;

(b)against sections 26(1), 29(4), 37(1C)(a), 37(1C)(b), 37(1C)(c), 37(1C)(d), 39, 41F(2), 41G, 41H, 41I and 63G of the Act is 1 penalty unit;

(c)against sections 24(1), 27(1) and 32(4) of the Act is 1·5 penalty units;

(d)against sections 10(1), 10(2), 10(3), 12A, 24(2), 37(2)(b), 37(2)(ba), 37(2)(bb), 37(2)(c), 38(1), 38(2), 41D(b), 41D(ba), 41D(bb), 41D(c), 41E, 41EA, 41F(1)(a), 41F(1)(aa), 41F(1)(ab), 41F(1)(b), 63A(1), 63F, 63H(1), 63H(2) and 96 of the Act is 2 penalty units;

(e)against section 29(3) of the Act is 2·5 penalty units;

(f)against sections 63D and 63I(1) of the Act is 4 penalty units;

(g)against section 63J(1) of the Act is 5 penalty units.".

4Revocation of Schedule 5

Schedule 5 to the Domestic (Feral and Nuisance) Animals Regulations 2005 is revoked.

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ENDNOTES

[1] Reg. 3: S.R. No. 151/2005.  Subsequently amended by S.R. No. 101/2006.

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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.

The value of a penalty unit for the financial year commencing 1 July 2008 is $113.42.

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.