Victorian Numbered Regulations

TRANSPORT (INFRINGEMENTS) (PENALTIES) REGULATIONS 2004 (SR NO 90 OF 2004) - REG 7

r. 7

After regulation 202 of the Principal Regulations, insert —

        '202A.     Graduated penalties for repeat ticket and transport infringements

    (1)     This regulation applies if—

        (a)     a person is alleged to have committed a transport or ticket infringement ("the current infringement"); and

        (b)     the person has, within a period of 3 years immediately before the date of that infringement ("the relevant period"), been issued with one or more transport or ticket infringement notices.

    (2)     If a person is alleged to have committed a current infringement and, in the relevant period,     the person has committed one transport or ticket infringement in respect of which an infringement notice has been issued, the penalty prescribed for the current infringement is the amount set out in Column 2 of Table 202A opposite the amount set out in Column 1 of the Table that would otherwise be the penalty for the current infringement.

    (3)     If a person is alleged to have committed a current infringement and, in the relevant period,     the person has committed more than one transport or ticket infringement in respect of which infringement notices have been issued, the penalty prescribed for the current infringement is the amount set out in Column 3 of Table 202A opposite the amount set out in Column 1 of the Table that would otherwise be the penalty for the current infringement.

    (4)     For the purposes of this regulation, in determining the number of transport or ticket infringements a person may have committed in the relevant period—

        (a)     all transport infringements and ticket infringements committed by the person in the relevant period are to be counted;

        (b)     two or more transport or ticket infringements alleged to have been committed on the same day and arising from one single incident are to be counted as one transport or ticket infringement.

TABLE 202A

GRADUATED PENALTIES

Column 1	Column 2	Column 3
Penalty for current infringement if no infringements in the relevant period	Penalty for current infringement if one infringement in the relevant period	Penalty for current infringement if more than one infringement in the relevant period
$100	$150	$200
$150	$200	$250
$200	$250	$300
$250	$300	$350
$750	$1000	$1500

    (5)     Nothing in this regulation applies to or in relation to a transport or ticket infringement—

        (a)     that was alleged to have been committed before 13 July 2004;

        (b)     if the infringement notice for the infringement has been withdrawn.'.