Untitled document

Infringements (General) (Further Amendment) Regulations 2006

S.R. No. 145/2006

TABLE OF PROVISIONS

Regulation  Page

1.Objective

2.Authorising provision

3.New regulation 37A inserted

37A.Community corrections officer prescribed person for purposes of filing charge

4.Amendment of Schedule 2

5.Schedule 3 substituted

SCHEDULE 3—Lodgeable Infringement Offences

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ENDNOTES

STATUTORY RULES 2006

S.R. No. 145/2006

Infringements Act 2006

Infringements (General) (Further Amendment) Regulations 2006

The Lieutenant-Governor as the Governor's Deputy with the advice of the Executive Council makes the following Regulations:

Dated: 24 October 2006

Responsible Minister:

ROB HULLS
Attorney-General

RUTH LEACH

Clerk of the Executive Council

1.Objective

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

(a)certain infringement offences under the Extractive Industries Development Act 1995, Fisheries Act 1995, Heritage Act 1995, National Parks Act 1975, Residential Tenancies Act 1997 and Second-Hand Dealers and Pawnbrokers Act 1989 as "lodgeable infringement offences" for the purposes of the Infringements Act 2006;

(b)persons who may file a charge for breach of a community work permit under that Act;

(c)Greater Geelong City Council as a specified agency for the purposes of that Act.

2.Authorising provision

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

3.New regulation 37A inserted

After regulation 37 of the Infringements (General) Regulations 2006[1] insert—

"37A.Community corrections officer prescribed person for purposes of filing charge

For the purposes of section 156(1) of the Act, a community corrections officer is a prescribed person.".

4.Amendment of Schedule 2

After item 36 of Schedule 2 to the Infringements (General) Regulations 2006 insert—

"36A.Greater Geelong City Council".

5.Schedule 3 substituted

For Schedule 3 to the Infringements (General) Regulations 2006 substitute—

"SCHEDULE 3

Regulation 12

LODGEABLE INFRINGEMENT OFFENCES

1.Casino Control Act 1991

1.1Section 77(1).

2.Estate Agents Act 1980

2.1Section 70B.

2.2Regulations 23(1), 26, 27(1), 29, 32 and 37 of the Estate Agents (General, Accounts and Audit) Regulations 1997[2].

3.Extractive Industries Development Act 1995

3.1Sections 8(a), 8(b), 9(2), 44(1)(b), 52(1) and 52(2).

4.Fisheries Act 1995

4.1Section 53(1) being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 301(2)(a) of the Fisheries Regulations 1998[3].

4.2Section 53(1) being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 301(2)(b) of the Fisheries Regulations 1998.

4.3Section 53(1) being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 301(2)(d) of the Fisheries Regulations 1998.

4.4Section 53(1) being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 302(2)(a) of the Fisheries Regulations 1998.

4.5Section 53(1) being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 302(2)(b) of the Fisheries Regulations 1998.

4.6Section 53(1) being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 302(2)(c) of the Fisheries Regulations 1998.

4.7Section 53(1) being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 302(2)(f) of the Fisheries Regulations 1998.

4.8Section 53(1) being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 302(2)(g) of the Fisheries Regulations 1998.

4.9Section 53(1) being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 302(2)(h) of the Fisheries Regulations 1998.

4.10Section 53(1) being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 302(2)(i) of the Fisheries Regulations 1998.

4.11Section 53(1) being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 314(2)(d)(i) of the Fisheries Regulations 1998.

4.12Section 53(1) being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 314(2)(d)(ii) of the Fisheries Regulations 1998.

4.13Section 53(1) being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 314(2)(e)(i) of the Fisheries Regulations 1998.

4.14Section 53(1) being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 314(2)(e)(ii) of the Fisheries Regulations 1998.

4.15Section 53(1) being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 314(2)(j) of the Fisheries Regulations 1998.

4.16Section 53(1) being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 314(2)(k) of the Fisheries Regulations 1998.

4.17Section 53(1) being an offence to which paragraph (c) of section 53(1) applies constituted by a failure to comply with a licence condition imposed by regulation 335(2)(f) of the Fisheries Regulations 1998.

4.18Section 67(3) constituted by a contravention of regulation 506(2) of the Fisheries Regulations 1998.

4.19Section 114(3) constituted by a contravention of regulation 507(1)(e) of the Fisheries Regulations 1998.

4.20Section 114(3) constituted by a contravention of regulation 507(1)(t) of the Fisheries Regulations 1998.

4.21Sections 118A, 118B(1), 118B(2), 120A(4), 120AA(2), 120AA(3), 120AB(2), 120AC(2), 120AC(3), 120B and 120C(2).

4.22Regulations 522(2A), 533(5)(a), 533(5)(b), 533(5)(c), 533(6)(a), 533(6)(b), 533(6)(c) and 543(1) of the Fisheries Regulations 1998.

5.Gambling Regulation Act 2003

5.1Sections 3.8.1(1) and 8.6.3(2).

6.Heritage Act 1995

6.1Section 36(13) constituted by a failure to comply with section 36(3) within the time limits set out in section 36(4) and in accordance with section 36(12).

6.2Section 36(13) constituted by a failure to comply with section 36(9) within the time limits set out in section 36(10) and in accordance with section 36(12).

6.3Section 36(13) constituted by a failure to comply with section 36(11).

6.4Regulations 6(1)(a), 6(1)(b) and 6(1)(c) of the Heritage (Historic Shipwrecks) (General) Regulations 1996[4].

7.Liquor Control Reform Act 1998

7.1Sections 103A(2) and 106(1).

8.National Parks Act 1975

8.1Section 45A(2A).

9.Residential Tenancies Act 1997

9.1Sections 26(2), 29(1), 29(2), 34, 35(1), 41, 43(1), 43(2), 43(2A), 49, 51(1), 51(2), 51(3), 56, 66(1), 66(2), 66(3) and 66(4).

9.2Sections 96, 97(1), 99, 100(1), 100(2), 100(2A), 107, 124, 125(1), 125(2), 125(3) and 127(1).

9.3Sections 145, 146(3), 147, 148(1), 150(1), 150(2), 151(1), 151(2), 151(2A), 160, 166, 182, 183(1), 183(2), 184(1), 184(2), 184(3), 186(1), 198(1) and 198(2).

9.4Sections 264, 287, 295, 298(1) and 298(2).

9.5Sections 358(1) and 358(2).

9.6Sections 369, 372, 373, 377(1), 377(2) and 377(3).

9.7Section 382(2).

9.8Sections 405(1), 405(4), 406, 424(1), 424(3), 425 and 428.

10.Second-Hand Dealers and Pawnbrokers Act 1989

10.1Sections 20, 21(1), 21A, 23(2), 23(3), 23A(3) and 24B.

11.Transport Act 1983

11.1Regulations 6(1), 6(2), 7(2), 8(2), 9(3), 10(3) and 17(1) of the Transport (Ticketing) Regulations 2006[5].".

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ENDNOTES

[1] Reg. 3: S.R. No. 76/2006 as amended by S.R. No. 103/2006.

[2] Reg. 5: Proposed item 2.2: S.R. No. 41/1997.  Reprint No. 1 as at 19 February 2004.  Reprinted to S.R. No. 4/2004.  Subsequently amended by S.R. Nos 108/2005 and 105/2006.

[3] Reg. 5: Proposed item 4.1: S.R. No. 23/1998.  Reprint No. 6 as at 1 April 2006.  Reprinted to S.R. No. 28/2006 and subsequently amended by S.R. Nos 63/2006, 109/2006 and 122/2006.

[4] Reg. 5: Proposed item 6.4: S.R. No. 87/1996 as extended in operation by S.R. No. 92/2006.

[5] Reg. 5: Proposed item 11.1: S.R. No. 86/2006.