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TRANSPORT (COMPLIANCE AND MISCELLANEOUS) (TICKETING) REGULATIONS 2017 - NOTES

Version No. 011

S.R. No. 48/2017
Version incorporating amendments as at
6 June 2023

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Version No. 011

Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017

S.R. No. 48/2017

Version incorporating amendments as at
6 June 2023

Endnotes

    1     General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017, S.R. No. 48/2017 were made on 14 June 2017 by the Governor in Council under sections 56, 221AA and 230AH of the Transport (Compliance and Miscellaneous) Act 1983, No. 9921/1983 and came into operation on 1 July 2017: regulation 3.

The Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017 will sunset 10 years after the day of making on 14 June 2027 (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).

    2     Table of Amendments

This publication incorporates amendments made to the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Transport (Compliance and Miscellaneous) (Ticketing) Amendment (Prescribed Devices and Processes) Regulations 2018, S.R. No. 22/2018

Date of Making:

27.2.18

Date of Commencement:

15.3.18: reg. 3

Transport (Compliance and Miscellaneous) (Ticketing) Further Amendment Regulations 2018, S.R. No. 55/2018

Date of Making:

15.5.18

Date of Commencement:

15.5.18

Transport (Compliance and Miscellaneous) (Ticketing) Amendment (Electronic Testing of Tickets) Regulations 2018, S.R. No. 150/2018

Date of Making:

2.10.18

Date of Commencement:

2.10.18

Transport (Compliance and Miscellaneous) (Ticketing) Amendment Regulations 2019, S.R. No. 22/2019

Date of Making:

26.3.19

Date of Commencement:

28.3.19: reg. 3

Transport (Compliance and Miscellaneous) (Conduct on Public Transport) and (Ticketing) Amendment Regulations 2019, S.R. No. 57/2019

Date of Making:

25.6.19

Date of Commencement:

Regs 5, 6 on 1.7.19: reg. 3

Transport (Compliance and Miscellaneous) (Conduct on Public Transport) and (Ticketing) Further Amendment Regulations 2019, S.R. No. 168/2019

Date of Making:

23.12.19

Date of Commencement:

Regs 5–7 on 1.1.20: reg. 3

Transport (Compliance and Miscellaneous) (Ticketing) Amendment Regulations 2020, S.R. No. 6/2020

Date of Making:

11.2.20

Date of Commencement:

11.2.20

Transport (Compliance and Miscellaneous) (Ticketing) Further Amendment Regulations 2020, S.R. No. 103/2020

Date of Making:

29.9.20

Date of Commencement:

29.9.20

Transport (Compliance and Miscellaneous) (Ticketing) Amendment (Prescribed Processes) Regulations 2021, S.R. No. 87/2021

Date of Making:

20.7.21

Date of Commencement:

21.7.21: reg. 3

Transport (Compliance and Miscellaneous) (Conduct on Public Transport) and (Ticketing) Amendment (Prescribed Equipment and Processes) Regulations 2023, S.R. No. 48/2023

Date of Making:

6.6.23

Date of Commencement:

Regs 46 on 6.6.23

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    3     Explanatory details

   


[1] Reg. 4(a): S.R. No. 86/2006. Reprint No. 1 as at 7 August 2013. Reprinted to S.R. No. 95/2013. Subsequently amended by
S.R. Nos 66/2014, 74/2015, 75/2015, 35/2016, 69/2016, 149/2016 and 155/2016.

[2] Reg. 4(b): S.R. No. 84/2009.

[3] Reg. 4(c): S.R. No. 95/2010.

[4] Reg. 4(d): S.R. No. 114/2011.

[5] Reg. 4(e): S.R. No. 131/2011.

[6] Reg. 4(f): S.R. No. 22/2012.

[7] Reg. 4(g): S.R. No. 95/2013.

[8] Reg. 4(h): S.R. No. 66/2014.

[9] Reg. 4(i): S.R. No. 74/2015.

[10] Reg. 4(j): S.R. No. 75/2015.

[11] Reg. 4(k): S.R. No. 35/2016.

[12] Reg. 4(l): S.R. No. 69/2016.

[13] Reg. 4(m): S.R. No. 149/2016.

[14] Reg. 4(n): S.R. No. 155/2016.

——

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 2022 is $184.92. 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.



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