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TRANSPORT (COMPLIANCE AND MISCELLANEOUS) (INFRINGEMENTS) REGULATIONS 2019 - NOTES

Version No. 003

S.R. No. 118/2019
Version incorporating amendments as at
14 February 2022

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Version No. 003

Transport (Compliance and Miscellaneous) (Infringements) Regulations 2019

S.R. No. 118/2019

Version incorporating amendments as at
14 February 2022

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) (Infringements) Regulations 2019, S.R. No. 118/2019 were made on 26 November 2019 by the Governor in Council under sections 215 and 230ZBB of the Transport (Compliance and Miscellaneous) Act 1983, No. 9921/1983 and came into operation on 1 December 2019: regulation 3.

The Transport (Compliance and Miscellaneous) (Infringements) Regulations 2019 will sunset 10 years after the day of making on 26 November 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).

    2     Table of Amendments

This publication incorporates amendments made to the Transport (Compliance and Miscellaneous) (Infringements) Regulations 2019 by statutory rules, subordinate instruments and Acts.

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

Transport (Compliance and Miscellaneous) (Infringements) Amendment Regulations 2020, S.R. No. 109/2020

Date of Making:

6.10.20

Date of Commencement:

18.10.20: reg. 3

Transport (Compliance and Miscellaneous) (Conduct on Public Transport) and (Infringements) (COVID-19 Response) Amendment Regulations 2022, S.R. No. 2/2022

Date of Making:

25.1.22

Date of Commencement:

Reg. 10 on 14.2.22: reg. 3

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    3     Amendments Not in Operation
This version does not contain amendments that are not yet in operation.

    4     Explanatory details


[1] Reg. 6: S.R. No. 48/2017 as amended by S.R. Nos 22/2018, 55/2018, 150/2018, 22/2019 and 57/2019.

[2] Reg. 10: S.R. No. 56/2016 as amended by S.R. Nos 101/2016 and 130/2017.

[3] Sch. 3: S.R. No. 72/2015 as amended by S.R. Nos 72/2015, 49/2017 and 57/2019.

——

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 2021 is $181.74.

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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