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PUBLIC HEALTH AND WELLBEING REGULATIONS 2019 - SCHEDULE 8

Schedule 8—Infringements

Regulation 115

Sch. 8 (Table 1) amended by S.R. Nos 86/2020 reg. 4, 15/2021 reg. 4(1), substituted by S.R. No. 72/2022 reg. 5(1).

Table 1—Infringement offences in these Regulations

Column 1


Item

Column 2

Infringement offence

Column 3

Infringement penalty

Column 4

Concessional penalty (if any)

1

R. 16(5)

4 penalty units


2

R. 17(5)

4 penalty units


3

R. 20(6)

4 penalty units


4

R. 21(6)

4 penalty units


5

R. 29

4 penalty units


6

R. 30

4 penalty units


7

R. 31(1)

4 penalty units


8

R. 32

4 penalty units


9

R. 33

4 penalty units


10

R. 34

4 penalty units


11

R. 35(2)

4 penalty units


12

R. 36(1)

4 penalty units


13

R. 37

4 penalty units


14

R. 38(1)

2 penalty units


15

R. 48

4 penalty units


16

R. 49

4 penalty units


17

R. 50

4 penalty units


18

R. 51

4 penalty units


19

R. 52

4 penalty units


20

R. 53

4 penalty units


21

R. 54(1)

4 penalty units


22

R. 54(2)

4 penalty units


23

R. 54(3)

4 penalty units


24

R. 54(4)

4 penalty units


25

R. 54(5)

4 penalty units


26

R. 54(6)

4 penalty units


27

R. 55(2)

4 penalty units


28

R. 56

4 penalty units


29

R. 57

4 penalty units


30

R. 58(2)

4 penalty units


31

R. 58(3)

4 penalty units


32

R. 59(3)

4 penalty units


33

R. 59(4)

4 penalty units


34

R. 59(5)

4 penalty units


35

R. 59(6)

4 penalty units


36

R. 59(7)

2 penalty units


37

R. 61(1)

4 penalty units


38

R. 68

4 penalty units


39

R. 69

4 penalty units


40

R. 70(1)

4 penalty units


41

R. 70(2)

4 penalty units


42

R. 70(3)

4 penalty units


43

R. 71(3)

4 penalty units


44

R. 71(4)

4 penalty units


45

R. 71(5)

4 penalty units


46

R. 71(6)

4 penalty units


47

R. 72(3)

4 penalty units


48

R. 72(4)

4 penalty units


49

R. 72(5)

4 penalty units


50

R. 72(6)

4 penalty units


51

R. 73(3)

4 penalty units


52

R. 73(4)

4 penalty units


53

R. 73(5)

4 penalty units


54

R. 73(6)

4 penalty units


55

R. 74(1)

4 penalty units


56

R. 75(1)

4 penalty units


57

R. 76

4 penalty units


58

R. 79(1)

4 penalty units


59

R. 79(2)

4 penalty units


60

R. 83

4 penalty units


61

R. 100(2)

4 penalty units


61A

R. 100A

In the case of an adult, 10 penalty units

In the case of a child of or above the age of 15 years, 4 penalty units

In the case of a child under the age of 15 years, 1 penalty unit

In the case of an adult, 1 penalty unit

62

R. 111(1)

4 penalty units


Sch. 8 (Table 2) amended by S.R. Nos 20/2020 reg. 3, 76/2020 reg. 3, 79/2020 reg. 3, 93/2020 reg. 3, 99/2020 reg. 3, 1/2021 reg. 3, 15/2021 reg. 4(2), 43/2021 reg. 4, 129/2021 regs 3, 4, 156/2021 reg. 4, substituted by S.R. No. 72/2022 reg. 5(2).

Table 2—Infringement offences in the Act

Column 1


Item

Column 2

Infringement offence

Column 3

Infringement
penalty

Column 4

Concessional penalty
(if any)

63

S. 69(1)

In the case of a body corporate, 10 penalty units

In the case of a natural person, 4 penalty units


64

S. 80

In the case of a body corporate, 24 penalty units

In the case of a natural person, 10 penalty units


65

S. 87(2)

In the case of a body corporate, 10 penalty units

In the case of a natural person, 2 penalty units


66

S. 95

4 penalty units


67

S. 99

4 penalty units


68

S. 108

In the case of a body corporate, 4 penalty units

In the case of a natural person, 2 penalty units


69

S. 127(2)

4 penalty units


70

S. 128(2)

4 penalty units


71

S. 183

In the case of a child of or above the age of 15 years, 2 penalty units

In the case of a child under the age of 15 years, 1 penalty unit

In any other case, 5 penalty units


72

S. 188(2)

In the case of a body corporate, 30 penalty units

In the case of an adult, 10 penalty units

In the case of a child of or above the age of 15 years, 4 penalty units

In the case of a child under the age of 15 years, 1 penalty unit

In the case of an adult, 1 penalty unit

73

S. 193(1)

In the case of a body corporate, 60 penalty units

In the case of an adult, 10 penalty units

In the case of a child of or above the age of 15 years, 4 penalty units

In the case of a child under the age of 15 years, 1 penalty unit

In the case of an adult, 1 penalty unit

74

S. 203(1)

In the case of a body corporate, 60 penalty units

In the case of an adult, 10 penalty units

In the case of a child of or above the age of 15 years, 4 penalty units

In the case of a child under the age of 15 years, 1 penalty unit

In the case of an adult—

(a)     if the offence is constituted by a contravention of directions given under section 200(1) of the Act by—

(i)     failing to comply with a requirement in relation to a face covering—$50; or

(ii)     refusing or failing to comply with a requirement to self-isolate or self-quarantine—2·5 penalty units; or

(iii)     refusing or failing to comply with a requirement in relation to leaving a restricted area in Victoria without a reasonable excuse or other valid reason or excuse—2·5 penalty units; or

(iv)     refusing or failing to comply with a requirement in relation to private or public gatherings in a restricted area in Victoria without a reasonable excuse or other valid reason or excuse—2·5 penalty units; or

(v)     refusing or failing to comply with a requirement in relation to a person travelling from a restricted area (however described) and seeking to enter Victoria without a reasonable excuse or other valid reason or excuse—2·5 penalty units; or

(b)     if the offence is not constituted by a contravention referred to in paragraph (a)—1 penalty unit

109

S. 165BN(1)

In the case of a body corporate, 30 penalty units

In the case of an adult, 5 penalty units

In the case of a child of or above the age of 15 years, 2 penalty units

In the case of a child under the age of 15 years, 0·5 penalty units

In the case of an adult, 1 penalty unit

110

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a face covering

In the case of an adult, $100

In the case of a child of or above the age of 15 years, $40

In the case of a child under the age of 15 years, $20

In the case of an adult, $50

111

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to self-isolate or self-quarantine

In the case of an adult, 15 penalty units

In the case of a child of or above the age of 15 years, 2·5 penalty units

In the case of a child under the age of 15 years, 0·5 penalty units

In the case of an adult, 2·5 penalty units

112

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement restricting movement in a pandemic management area

In the case of a child of or above the age of 15 years, 2·5 penalty units

In the case of a child under the age of 15 years, 0·5 penalty units

In any other case, 15 penalty units

In the case of an adult, 2·5 penalty units




113

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement restricting movement in, into or from a restricted area (however described)

In the case of a child of or above the age of 15 years, 2·5 penalty units

In the case of a child under the age of 15 years, 0·5 penalty units

In any other case, 15 penalty units

In the case of an adult, 2·5 penalty units

114

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a public or private gathering in a pandemic management area

In the case of a child of or above the age of 15 years, 2·5 penalty units

In the case of a child under the age of 15 years, 0·5 penalty units

In any other case, 15 penalty units

In the case of an adult, 2·5 penalty units

115

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement in relation to entering a pandemic management area

In the case of a child of or above the age of 15 years, 2·5 penalty units

In the case of a child under the age of 15 years, 0·5 penalty units

In any other case, 15 penalty units

In the case of an adult, 2·5 penalty units

116

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to display a sign advising of a requirement to wear a face covering

In the case of a natural person, 3 penalty units

In the case of a body corporate, 15 penalty units


117

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to display density quotient signage

In the case of a natural person, 3 penalty units

In the case of a body corporate, 15 penalty units


118

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, by exceeding a density quotient (however described) or the permitted number of persons (however described) for a space by up to 50 per cent

In the case of a natural person, 3 penalty units

In the case of a body corporate, 15 penalty units


119

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, by exceeding a density quotient (however described) or the permitted number of persons (however described) for a space by between 50 per cent and 100 per cent

In the case of a natural person, 6 penalty units

In the case of a body corporate, 30 penalty units


120

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, by exceeding a density quotient (however described) or the permitted number of persons (however described) for a space by between 100 per cent and 250 per cent

In the case of a natural person, 12 penalty units

In the case of a body corporate, 60 penalty units


121

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, by exceeding a density quotient (however described) or the permitted number of persons (however described) for a space by more than 250 per cent

In the case of a natural person, 15 penalty units

In the case of a body corporate, 75 penalty units


122

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made

In the case of a natural person, 3 penalty units

In the case of a body corporate, 15 penalty units



in the exercise of a pandemic management power, that relates to a requirement to keep records showing compliance with cleaning protocols



123

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to cleaning requirements

In the case of a natural person, 3 penalty units

In the case of a body corporate, 15 penalty units


124

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a crib room requirement in relation to construction sites

In the case of a natural person, 6 penalty units

In the case of a body corporate, 30 penalty units


125

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement for an employer to take reasonable steps to ensure a worker complies with face covering requirements when working at a work premises

In the case of a natural person, 6 penalty units

In the case of a body corporate, 30 penalty units


126

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to display Victorian Government QR code system signage at work premises to enable members of the public to record attendance at those work premises

In the case of a natural person, 6 penalty units

In the case of a body corporate, 30 penalty units


127

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to keep a record of persons who attend work premises

In the case of a natural person, 12 penalty units

In the case of a body corporate, 60 penalty units


128

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to use Service Victoria as the approved record keeping system

In the case of a natural person, 12 penalty units

In the case of a body corporate, 60 penalty units


129

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to request that all members of the public record their attendance at work premises

In the case of a natural person, 12 penalty units

In the case of a body corporate, 60 penalty units


130

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to have a COVID Marshal

In the case of a natural person, 12 penalty units

In the case of a body corporate, 60 penalty units


131

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement in relation to the role of COVID Marshal

In the case of a natural person, 12 penalty units

In the case of a body corporate, 60 penalty units


132

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to have a COVIDSafe Plan in place

In the case of a natural person, 12 penalty units

In the case of a body corporate, 60 penalty units


133

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a

In the case of a natural person, 12 penalty units

In the case of a body corporate, 60 penalty units



direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to have a COVIDSafe Plan in place that meets all criteria for those plans



134

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement of a COVIDSafe Plan

In the case of a natural person, 12 penalty units

In the case of a body corporate, 60 penalty units


135

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement for an employer to arrange operations at work premises so as to have workers consistently working with the same group of workers, if reasonably practicable

In the case of a natural person, 12 penalty units

In the case of a body corporate, 60 penalty units


136

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement in relation to the operation of authorised work premises

In the case of a natural person, 15 penalty units

In the case of a body corporate, 75 penalty units


137

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a

In the case of a natural person, 15 penalty units

In the case of a body corporate, 75 penalty units



pandemic management power, that relates to a requirement in relation to permitting persons to attend closed work premises



138

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement preventing a worker who lives in a restricted area (however described) from working at work premises outside of the restricted area (however described)

In the case of a natural person, 12 penalty units

In the case of a body corporate, 60 penalty units


139

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement preventing a worker who lives outside of a restricted area (however described) from working at work premises in the restricted area (however described)

In the case of a natural person, 12 penalty units

In the case of a body corporate, 60 penalty units


140

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement in relation to holding an exempt public event

In the case of a natural person, 15 penalty units

In the case of a body corporate, 75 penalty units


141

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management

In the case of a natural person, 15 penalty units

In the case of a body corporate, 75 penalty units



power, that relates to a requirement for an employer to collect, record and maintain vaccination information of workers, if vaccination is mandatory



142

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement for an employer to take reasonable steps to prevent the entry to work premises of any unvaccinated worker, if vaccination is mandatory

In the case of a natural person, 15 penalty units

In the case of a body corporate, 75 penalty units




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