Victorian Numbered Regulations Victorian Numbered RegulationsAfter regulation 11 of the Principal Regulations insert —
For the purposes of section 260B of the Act, a person or body listed in Schedule 6 is a specified agency.
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For the purposes of paragraphs (c), (d) and (e) of the definition of "enforcement agency" in clause 2 of Schedule 2A to the Act, a person, body, class of person or body, administrative unit or group of people described or specified in Schedule 7 is prescribed as an enforcement agency in relation to an infringement notice or penalty notice under a relevant provision prescribed by regulation 15 or 16 or an infringement penalty in such a notice.
For the purposes of the definition of "continuing offence provision" in clause 2 of Schedule 2A to the Act, the following provisions are prescribed—
(a) section 50A of the Associations Incorporation Act 1981 ;
(b) section 28 of the Business Names Act 1962 ;
(c) section 1314 of the Corporations Act.
For the purposes of the definition of "infringement notice" in clause 2 of Schedule 2A to the Act, the following provisions are prescribed—
(a) section 91 of the Conservation, Forests and Lands Act 1987 ;
(b) section 41E of the Country Fire Authority Act 1958 ;
(c) sections 23, 25, 26(1) and 36(2) of the Domestic Building Contracts Act 1995 ;
(d) sections 10(1), 10(2), 20, 21, 24(1), 24(2), 25(1) and 27(1) of the Domestic (Feral and Nuisance) Animals Act 1994 ;
(e) section 166(1) of the Electoral Act 2002 ;
(f) sections 30, 32, 35(1), 35(3), 36(1), 37, 38, 43(2)(a), 43(2)(b), 43(4), 44(2), 44(3), 45(1), 45(2), 45(3), 45(4), 45A(1), 45A(3), 45B(4), 45B(9)(a), 45B(9)(b), 54, 57(2), 60(2), 68, 76(1), 77(1), 77(2), 77(3), 78, 83A(1), 83A(3), 83B(1), 104(3), 105(4), 114A(4), 115(1), 117(1) and 142(2) of the Electricity Safety Act 1998 ;
(g) regulation 9(3) and 9(6) of the Electricity Safety (Electric Line Clearance) Regulations 2005 [2] ;
(h) regulation 19(2) of the Electricity Safety (Equipment) Regulations 1999 [3] ;
(i) regulations 17(2), 20 and 21(3) of the Electricity Safety (Equipment Efficiency) Regulations 1999 [4] ;
(j) regulations 208(2)(a), 208(2)(b), 208(3), 312, 313(2), 313(3), 314, 404(1), 409(2), 412(1), 413(1), 414(1), 414(2), 414(3), 438(1), 439, 440(1), 440(3), 441(1), 442(1), 443(1) and 444 of the Electricity Safety (Installations) Regulations 1999 [5] ;
(k) regulations 6(4), 8(1), 8(2)(a), 8(2)(b), 9(1), 9(2), 9(3), 9(4), 36(a), 36(b), 36(c)(i), 36(c)(ii), 36(d)(i), 36(d)(ii), 36(e), 38, 40(1), 41, 42(1), 42(2)(a), 42(2)(b), 43(1), 44, 46(1), 46(2)(a), 46(2)(b) and 46(2)(c) of the Electricity Safety (Network Assets) Regulations 1999 [6] ;
(l) regulations 18(1), 18(2), 21 and 30(b) of the Electricity Safety (Stray Current Corrosion) Regulations 1999 [7] ;
(m) section 63B of the Environment Protection Act 1970 ;
(n) sections 40(2), 75(3), 87(5), 88, 97, 124(1), 124(2), 124(3) and 139 of the Firearms Act 1996 ;
(o) sections 71(1), 71(3), 71B, 72(1), 72(2), 79B and 79C(1) of the Gas Safety Act 1997 ;
(p) clause 5 of Schedule 5 to the Housing Act 1983 ;
(q) sections 29(1), 35, 36(2), 36(4), 38(1) and 38(2) of the Introduction Agents Act 1997 ;
(r) section 40 of the Local Government Act 1989 ;
(s) section 18 of the Major Events (Crowd Management) Act 2003;
(t) section 60 of the Marine Act 1988 ;
(u) section 92 of the Metropolitan Fire Brigades Act 1958 ;
(v) section 106 of the Mineral Resources Development Act 1990 ;
(w) sections 20(1), 25(2), 27(3), 31B(1), 34, 35(2), 41(2)(b), 42(2)(a), 42(2)(b), 42A(1), 44, 52(1) and 52(6) of the Motor Car Traders Act 1986 and regulations 23(1), 24(1) and 24(2) of the Motor Car Trader Regulations 1998 [8] ;
(x) section 15A(2) of the Prevention of Cruelty to Animals Act 1986 and regulation 24(1) and (5) of the Prevention of Cruelty to Animals Regulations 1997 [9] ;
(y) sections 87 and 88 of the Road Safety Act 1986 ;
(z) section 18(1) of the Summary Offences Act 1966 ;
(za) section 38 of the Tobacco Act 1987 ;
(zb) sections 7(1), 8(1), 28(1) (for contravention of regulation 61(1) or 63(1) of the Trade Measurement Regulations 1995 [10] for an offence prescribed in Schedule 9 to those regulations), 28(2) (for a contravention of regulation 61(1) or 63(1) of the Trade Measurement Regulations 1995 for an offence prescribed in Schedule 9 to those regulations) of the Trade Measurement Act 1995 and regulations 22, 48(2) (for non-compliance with a direction under regulation 48(1)(d)), 51(1)(e), 51(1)(f), 51(3)(a), 51(3)(b), 51(3)(c) and 51(3)(d) of the Trade Measurement Regulations 1995;
(zc) section 212 of the Transport Act 1983 .
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For the purposes of the definitions of "penalty notice" and "prescribed offence" in clause 2 of Schedule 2A to the Act, the following provisions are prescribed—
(a) section 50B of the Associations Incorporation Act 1981 ;
(b) section 28A of the Business Names Act 1962 ; and
(c) section 1313 of the Corporations Act.
For the purposes of clause 3(2)(a) of Schedule 2A to the Act, the prescribed costs are 1·8 fee units.
(1) This regulation applies to a courtesy letter in relation to an infringement notice that was served in accordance with section 87 of the Road Safety Act 1986 where the person served was, at the time of the alleged offence, the owner of the vehicle within the meaning of Part 7 of that Act.
(2) For the purposes of clause 3(4) of Schedule 2A to the Act, the following information is prescribed in respect of a courtesy letter to which this regulation applies—
''If you were not in charge of the motor vehicle at the time of the offence, you will not be guilty if, within 28 days after service of this letter, you give to the informant a sworn statement in writing or a statutory declaration setting out the name and address of the person who was in charge of the motor vehicle at the relevant time.''.
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(1) This regulation applies to a courtesy letter in relation to an infringement notice that was served in accordance with section 88 of the Road Safety Act 1986 in respect of an infringement detected by a detection device prescribed for the purposes of section 66 of that Act where the person served was, at the time of the alleged offence, the owner of the motor vehicle within the meaning of section 66 of that Act.
(2) For the purposes of clause 3(4) of Schedule 2A to the Act, the following information is prescribed in respect of a courtesy letter to which this regulation applies—
''If you were not driving the motor vehicle at the time of the offence, you will not be guilty if, within 28 days after service of this letter, you give to the informant a sworn statement in writing or in a statutory declaration setting out the name and address of the person who was driving the motor vehicle at the relevant time.''.
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The amount specified for the purposes of clause 5(4) of Schedule 2A to the Act is $10.00.
(1) For the purposes of clause 5(1)(a) of Schedule 2A to the Act, a document must be in the form of and contain the details required by Form 1 of Schedule 8.
(2) For the purposes of clause 5(1)(b) of Schedule 2A to the Act, a certificate must be in Form 2 of Schedule 8.
(3) For the purposes of clause 5(5) of Schedule 2A to the Act, a notice must be in Form 3 of Schedule 8.
(4) For the purposes of clause 7(2) of Schedule 2A to the Act, the prescribed form is Form 4 of Schedule 8.
(5) For the purposes of clause 8(6) of Schedule 2A to the Act, a notice of enforcement order must be in Form 5 of Schedule 8.'.