Victorian Consolidated Regulations Victorian Consolidated RegulationsS.R. No. 135/2019
Version incorporating amendments as at
1 March 2024
═════════════
Version No. 027
Public Health and Wellbeing Regulations 2019
S.R. No. 135/2019
Version incorporating amendments as at
1 March
2024
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Public Health and Wellbeing Regulations 2019, S.R. No. 135/2019 were made on 10 December 2019 by the Governor in Council under sections 232, 233, 234, 235, 236, 237, 238 and 239 of the Public Health and Wellbeing Act 2008, No. 46/2008 and came into operation as follows:
Regulations 1−22, 24(1), 25−39, 45−134 on 14 December 2019: regulation 3(1); regulations 23, 24(2), 40−44 on 14 December 2020: regulation 3(2).
The Public Health and Wellbeing Regulations 2019 will sunset 10 years after the day of making on 10 December 2029 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1
January 2001 form part of that Statutory Rule. Any heading inserted in a
Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on
or after 1 January 2001, forms part of that Statutory Rule.
This includes
headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into
which an Order is divided; clauses; regulations; rules; items; tables; columns;
examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted
in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule
made on or after 1 January 2001, forms part of that Statutory Rule.
See
section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that
Statutory Rule, whether inserted in the Statutory Rule before, on or after
1
January 2001. Provision numbers include regulation numbers, rule numbers,
subregulation numbers, subrule numbers, paragraphs and subparagraphs. See
section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
This publication incorporates amendments made to the Public Health and Wellbeing Regulations 2019 by statutory rules, subordinate instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Public Health and Wellbeing Regulations 2019, S.R. No. 135/2019
|
Date of Making: |
10.12.19 |
|
Date of Commencement: |
Reg. 133 on 14.12.19: reg. 3(1); reg. 123 inserted on 21.12.21 by S.R. No. 175/2021 reg. 4 |
|
Note: |
Reg. 133 provided that Pt 10 (regs 120−134) expired on 14.12.20; reg. 123 revoked Pt 10 (regs 120–123) on 1.11.22 |
Public Health and Wellbeing Amendment (Coronavirus) Regulations 2020, S.R. No. 4/2020
|
Date of Making: |
29.1.20 |
|
Date of Commencement: |
29.1.20 |
Public Health and Wellbeing Amendment Regulations 2020, S.R. No. 5/2020
|
Date of Making: |
4.2.20 |
|
Date of Commencement: |
5.2.20: reg. 3 |
Public Health and Wellbeing Amendment (Infringements) Regulations 2020, S.R. No. 20/2020
|
Date of Making: |
28.3.20 |
|
Date of Commencement: |
28.3.20 |
Public Health and Wellbeing Amendment (Further Infringement Offences) Regulations 2020, S.R. No. 76/2020
|
Date of Making: |
22.7.20 |
|
Date of Commencement: |
22.7.20 |
Public Health and Wellbeing Further Amendment (Infringements) Regulations 2020, S.R. No. 79/2020
|
Date of Making: |
4.8.20 |
|
Date of Commencement: |
4.8.20 |
Public Health and Wellbeing Amendment (Compliance) Regulations 2020, S.R. No. 86/2020
|
Date of Making: |
22.8.20 |
|
Date of Commencement: |
22.8.20 |
Public Health and Wellbeing Amendment (Further Infringements) Regulations 2020, S.R. No. 93/2020
|
Date of Making: |
16.9.20 |
|
Date of Commencement: |
16.9.20 |
Public Health and Wellbeing Further Amendment (Infringement Offences) Regulations 2020, S.R. No. 99/2020
|
Date of Making: |
28.9.20 |
|
Date of Commencement: |
28.9.20 |
Public Health and Wellbeing Amendment (Infringement Offences) Regulations 2021, S.R. No. 1/2021
|
Date of Making: |
10.1.21 |
|
Date of Commencement: |
10.1.21 |
Public Health and Wellbeing Further Amendment (Infringement Penalties) Regulations 2021, S.R. No. 15/2021
|
Date of Making: |
16.3.21 |
|
Date of Commencement: |
16.3.21 |
Public Health and Wellbeing Amendment (QR Reporting Infringement) Regulations 2021, S.R. No. 43/2021
|
Date of Making: |
11.5.21 |
|
Date of Commencement: |
11.5.21 |
Public Health and Wellbeing Amendment (Tiered Infringement Offences) Regulations 2021, S.R. No. 129/2021
|
Date of Making: |
21.10.21 |
|
Date of Commencement: |
21.10.21 |
Public Health and Wellbeing Amendment (Pandemic Infringement Offences) Regulations 2021, S.R. No. 156/2021
|
Date of Making: |
7.12.21 |
|
Date of Commencement: |
Reg. 4(2) on 8.12.21: reg. 3(1); reg. 4(1) on 16.12.21: reg. 3(2) |
Public Health and Wellbeing Amendment (Service Victoria) Regulations 2021, S.R. No. 175/2021
|
Date of Making: |
21.12.21 |
|
Date of Commencement: |
21.12.21 |
Public Health and Wellbeing Amendment Regulations 2022, S.R. No. 14/2022
|
Date of Making: |
15.2.22 |
|
Date of Commencement: |
22.2.22: reg. 3 |
Public Health and Wellbeing Amendment (Concessional Infringement Scheme) Regulations 2022, S.R. No. 72/2022
|
Date of Making: |
30.8.22 |
|
Date of Commencement: |
30.8.22: reg. 3 |
Public Health and Wellbeing Amendment (Notifiable Conditions) Regulations 2022, S.R. No. 73/2022
|
Date of Making: |
30.8.22 |
|
Date of Commencement: |
30.8.22 |
Public Health and Wellbeing Further Amendment Regulations 2022, S.R. No. 88/2022
|
Date of Making: |
20.9.22 |
|
Date of Commencement: |
Regs 5, 10–14 on 1.10.22: reg. 3(1); regs 6–9, 16, 17 on 1.1.23: reg. 3(2); reg. 15 on 1.12.23: reg. 3(3) |
Public Health and Wellbeing Amendment Regulations 2023, S.R. No. 27/2023
|
Date of Making: |
9.5.23 |
|
Date of Commencement: |
1.6.23: reg. 3 |
Public Health and Wellbeing Amendment (Notifiable Conditions) Regulations 2023, S.R. No. 52/2023
|
Date of Making: |
14.6.23 |
|
Date of Commencement: |
Regs 5(1)(3), 6 on 30.6.23: reg. 3(1); reg. 5(2)(4) on 31.7.23: reg. 3(2) |
Public Health and Wellbeing Amendment (iGAS Disease) Regulations 2024, S.R. No. 10/2024
|
Date of Making: |
13.2.24 |
|
Date of Commencement: |
1.3.24: reg. 3 |
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[1] Reg. 105: S.R. No. 32/2020.
[2] Reg. 118(1): S.R. No. 178/2009. Reprint No. 1 as at 20 November 2014. Reprinted to S.R. No. 143/2013. Subsequently amended by S.R. Nos 170/2015, 3/2016, 58/2016, 53/2017, 99/2018, 148/2018 and 47/2019.
[3] Sch. 4: S.R. No. 22/2017 as amended by S.R. Nos 71/2018, 176/2018 and 71/2019.
——
Fee Units
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2023 is $15.90. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee 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 fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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 2023 is $192.31. 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.
——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 135/2019 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
|
Statutory rule provision |
Title of applied, adopted or incorporated document |
Matter in applied, adopted or incorporated document |
|
Regulation 4 (definition of Water Quality Guidelines) |
Water quality guidelines for public aquatic facilities: Managing public health risks dated July 2019 and as published by Department of Health and Human Services on 20 August 2019 |
The whole |