Transport (Taxi-Cabs), (Passenger Vehicles) and
(Infringements) Amendment Regulations 2015
S.R. No. 49/2015
TABLE OF PROVISIONS
Regulation
Page
Part 1—Preliminary
1
2
3
4
1
Objectives
Authorising provisions
Commencement
Principal Regulations
1
2
2
2
Part 2—Amendment of Principal Regulations
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Change of title of Regulations
Objectives amended
Authorising provisions amended
Definitions
New Regulation 3A inserted
Test of acuteness of vision
Division heading inserted
Photo display for taxi-cab drivers
Taxi-cab licences
New regulation 11A inserted
Division heading inserted
Regulations 13 and 13A revoked
Security cameras
Boot lock release devices
Inspection of taxi-cabs
Notice to rectify defects
Evidence of inspection
New Divisions 2 and 3 of Part 3 inserted
Signs, symbols, notices, labels and fittings
Regulation 25 substituted
Not for Hire signs
Passenger numbers
Regulation 33 substituted
Regulations 38(1), 38(2), 42 and 47 revoked
New Part 5B inserted
Test of acuteness of vision
i
3
3
3
3
3
4
5
5
5
5
5
7
7
7
7
8
8
8
8
11
12
13
13
13
13
13
14
Regulation
Page
Part 3—Amendment of the Transport (Infringements) Regulations
2010
31 Transport Infringements—Table 8 of Schedule 3 amended
32 Table 9 of Schedule 3 amended
Part 4—Amendments and revocations
33 Transport (Passenger Vehicles) Regulations 2005 amended
34 Taxi-Cab Licences–Market and Trading Regulations 2005 and
related amending regulations revoked
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Endnotes
15
15
18
19
19
19
20
ii
STATUTORY RULES 2015
S.R. No. 49/2015
Transport (Compliance and Miscellaneous) Act 1983
Transport (Taxi-Cabs), (Passenger Vehicles) and
(Infringements) Amendment Regulations 2015
The Governor in Council makes the following Regulations:
Dated: 9 June 2015
Responsible Minister:
JACINTA ALLAN
Minister for Public Transport
YVETTE CARISBROOKE
Clerk of the Executive Council
Part 1—Preliminary
1 Objectives
The objectives of these Regulations are—
(a) to amend the Transport (Taxi-Cabs)
Regulations 2005 to prescribe measures
for—
(i) regulating the operation of commercial
passenger vehicles; and
(ii) facilitating safe operation of those
vehicles; and
(iii) the provision of quality taxi-cab
services; and
(iv) driver accreditation and driver and
passenger conduct; and
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Transport (Taxi-Cabs), (Passenger Vehicles) and (Infringements)
Amendment Regulations 2015
S.R. No. 49/2015
Part 1—Preliminary
(b) to rename the Transport (Taxi-Cabs)
Regulations 2005 as the Transport (Buses,
Taxi-Cabs and Other Commercial Passenger
Vehicles) Regulations 2005; and
(c) to amend the Transport (Infringements)
Regulations 2010 and the Transport
(Passenger Vehicles) Regulations 2005; and
(d) to revoke the Transport (Taxi-Cab Licences Market and Trading) Regulations 2005 and
related amending Regulations.
2 Authorising provisions
These Regulations are made under sections 137E,
162 and 215 of the Transport (Compliance and
Miscellaneous) Act 1983.
3 Commencement
These Regulations come into operation on 15 June
2015.
4 Principal Regulations
In these Regulations, the Transport (Taxi-Cabs)
Regulations 20051 are called the Principal
Regulations.
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Amendment Regulations 2015
S.R. No. 49/2015
Part 2—Amendment of Principal Regulations
Part 2—Amendment of Principal
Regulations
5 Change of title of Regulations
For the title to the Principal Regulations
substitute—
"Transport (Buses, Taxi-Cabs and Other
Commercial Passenger Vehicles) Regulations
2005".
6 Objectives amended
In regulation 1 of the Principal Regulations—
(a) for "taxi-cab" substitute "commercial
passenger vehicles and bus";
(b) after paragraph (a) insert—
"(ab) the inspection of commercial passenger
vehicles;";
(c) in paragraph (b) omit "construction,".
7 Authorising provisions amended
In regulation 2 of the Principal Regulations for
"sections 162, 228RZI, 256, 318 and 350"
substitute "sections 137E, 162, 228RZI and 256".
8 Definitions
In regulation 3(1) of the Principal Regulations—
(a) the definition of Act is revoked;
(b) insert the following definitions—
"externally-administered body corporate has
the same meaning as in the
Corporations Act;
the Act means the Transport (Compliance
and Miscellaneous) Act 1983.";
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S.R. No. 49/2015
Part 2—Amendment of Principal Regulations
(c) for the definition of drive substitute—
"drive means—
(a) to be in control of a commercial
passenger vehicle; or
(b) in relation to a bus used to provide
a commercial bus service, a
commercial minibus service or a
local bus service, to be in control
of that bus;";
(d) for the definition of driver substitute—
"driver, in relation to a commercial
passenger vehicle, means any person
who drives a commercial passenger
vehicle;";
(e) for the definition of licence substitute—
"licence, except in Division 3 of Part 2,
Division 1 of Part 3 and Part 5B, means
a commercial passenger vehicle licence
granted under Part VI of the Act;";
(f) in the definition of termination, for "hirer."
substitute "hirer;".
9 New Regulation 3A inserted
After the heading to Division 1 of Part 2 of the
Principal Regulations insert—
"3A Application of this Division
This Division applies to an applicant for,
or holder of, a driver accreditation under
Part VI of the Act.".
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S.R. No. 49/2015
Part 2—Amendment of Principal Regulations
10 Test of acuteness of vision
At the foot of regulation 5 of the Principal
Regulations insert—
"Note
It is an offence under Part VI of the Act for a person to drive
a commercial passenger vehicle or a bus used to provide
certain bus services unless that person holds a driver
accreditation.".
11 Division heading inserted
After regulation 5 of the Principal Regulations
insert—
"Division 1A—Photo cards for taxi-cab
drivers".
12 Photo display for taxi-cab drivers
(1) In regulation 6(1)(b) of the Principal Regulations,
for "only; and" substitute "only.".
(2) Regulation 6(1)(c) of the Principal Regulations is
revoked.
13 Taxi-cab licences
(1) In the heading to regulation 10 of the Principal
Regulations, for "Taxi-cab" substitute
"Commercial passenger vehicle".
(2) Regulation 10(1) of the Principal Regulations is
revoked.
(3) In regulation 10(2)(ab) of the Principal
Regulations for "Act; or" substitute "Act.".
(4) Regulation 10(2)(b) of the Principal Regulations
is revoked.
14 New regulation 11A inserted
After regulation 11 of the Principal Regulations
insert—
5
Transport (Taxi-Cabs), (Passenger Vehicles) and (Infringements)
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S.R. No. 49/2015
Part 2—Amendment of Principal Regulations
"11A Record keeping—non-taxi commercial
passenger vehicles
(1) This regulation applies to a commercial
passenger vehicle licence granted under
Part VI of the Act other than a taxi-cab
licence.
(2) A licence holder to whom this regulation
applies must keep an up to date record of the
name, address, driver licence number and
driver accreditation number of every driver
of the vehicle under the licence.
Penalty: 10 penalty units.
(3) A licence holder to whom this regulation
applies must keep the records referred to in
subregulation (1) at an address approved by
the licensing authority.
Penalty: 10 penalty units.
(4) A licence holder to whom this regulation
applies must keep the records referred to in
subregulation (1) for a period of at least
3 years from the date the last entries in the
records were made.
Penalty: 10 penalty units.
(5) A licence holder to whom this regulation
applies must keep the records referred to in
subregulation (1) in the English language.
Penalty: 5 penalty units.
(6) On demand by the licensing authority or a
person approved by the licensing authority, a
licence holder to whom this regulation
applies must make the records referred to in
subregulation (1) available for inspection.
Penalty: 10 penalty units.
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Part 2—Amendment of Principal Regulations
(7) If requested by the licensing authority or a
person approved by the licensing authority, a
licence holder must give an accurate copy of
any part or all of the records to the authority
or person making the request within the time
specified in the request.
Penalty: 10 penalty units.".
15 Division heading inserted
After the heading to Part 3 of the Principal
Regulations insert—
"Division 1—Taxi-cabs".
16 Regulations 13 and 13A revoked
Regulations 13 and 13A of the Principal
Regulations are revoked.
17 Security cameras
(1) For regulation 15(3) of the Principal Regulations
substitute—
"(3) This regulation applies to a taxi-cab if it is
required by a condition of the licence under
which it is operated to be fitted with a
security camera approved by the licensing
authority.".
(2) Regulation 15(4) of the Principal Regulations is
revoked.
18 Boot lock release devices
Regulation 17 of the Principal Regulations is
revoked.
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Part 2—Amendment of Principal Regulations
19 Inspection of taxi-cabs
In regulation 19(1) of the Principal Regulations—
(a) for "member of the police force" (where
twice occurring) substitute "police officer";
and
(b) for "the member" substitute "the officer".
20 Notice to rectify defects
In regulation 20 of the Principal Regulations, for
"member of the police force" (where three times
occurring) substitute "police officer".
21 Evidence of inspection
In regulation 21(1) of the Principal Regulations—
(a) for "a member of the police force" substitute
"a police officer"; and
(b) for "the member of the police force"
substitute "the officer".
22 New Divisions 2 and 3 of Part 3 inserted
After regulation 22 of the Principal Regulations
insert—
"Division 2—Non-taxi commercial
passenger vehicles
22A Application of this Division
This Division applies to a holder of a
commercial passenger vehicle licence that is
not a taxi-cab licence.
22B Number plates, signs, symbols, notices and
labels
(1) A licence holder to whom this Division
applies must attach to the vehicle any
number plates, signs, symbols, notices or
labels required by the Roads Corporation or
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S.R. No. 49/2015
Part 2—Amendment of Principal Regulations
the licensing authority of a type or design
approved by the Roads Corporation or the
licensing authority.
Penalty: 5 penalty units.
(2) A licence holder to whom this Division
applies must attach to the vehicle the things
referred to in subregulation (1) in the manner
specified for those things by the Roads
Corporation or the licensing authority.
Penalty: 5 penalty units.
(3) A licence holder to whom this Division
applies must attach to the vehicle the things
referred to in subregulation (1) in a way that
ensures that the number plates, signs,
symbols, notices or labels are clearly visible
at all times.
Penalty: 5 penalty units.
22C Inspection of commercial passenger
vehicle
(1) The licensing authority, a person approved
by the licensing authority or a police officer
may require a licence holder to whom this
Division applies to produce the vehicle for
inspection by—
(a) the licensing authority; or
(b) a person approved by the licensing
authority; or
(c) a police officer; or
(d) a licensed vehicle tester.
(2) A licence holder to whom this Division
applies must comply with a direction given
under subregulation (1).
Penalty: 15 penalty units.
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Part 2—Amendment of Principal Regulations
(3) A person who inspects a vehicle must serve a
notice on the licence holder requiring the
licence holder to fix the matters set out in the
notice within the time specified in the notice,
if on inspection the person finds that the
vehicle—
(a) is unsafe, unsuitable or unfit for use; or
(b) does not comply with the Act or these
Regulations or with any condition of
the relevant licence.
(4) A notice under subregulation (3) must—
(a) include sufficient details to identify the
vehicle to which it relates; and
(b) set out the matters which must be fixed;
and
(c) state a time and date after which the
vehicle must not be operated unless the
matters required to be fixed are fixed.
(5) If the licence holder of a vehicle subject to a
notice given under subregulation (3) does not
fix the matters set out in the notice within the
time specified in the notice, the licence
holder must not use, or allow to be used, the
vehicle for carrying passengers for hire or
reward until the matters set out in the notice
have been fixed.
Penalty: 20 penalty units.
(6) If inspection of a vehicle is required under
subregulation (1), the licensing authority or a
person authorised by the licensing authority
may require the licence holder of the vehicle
to provide any evidence that the licence
holder receives from the person who inspects
the vehicle, in the manner and form specified
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by the licensing authority or the person
authorised by the licensing authority—
(a) that the vehicle has been inspected; and
(b) the result of that inspection.
(7) The licence holder must provide the
evidence of the inspection required under
subregulation (6) to the licensing authority
within 7 days after receiving the evidence.
Penalty: 5 penalty units.
22D Damaged vehicle not to be used until safe
(1) If a commercial passenger vehicle that is not
a taxi-cab is damaged so as to become
unsafe, the licence holder of the vehicle must
not use it, or allow it to be used, to carry
passengers for hire or reward until the
vehicle is repaired and safe and fit for
service.
Penalty: 20 penalty units.
Division 3—Non-taxi commercial
passenger drivers
22E Driver must not consume alcohol
The driver of a commercial passenger
vehicle that is a not a taxi-cab must not
consume alcohol from the time the driver
commences a work shift until the time the
driver finishes the work shift.
Penalty: 12 penalty units.".
23 Signs, symbols, notices, labels and fittings
Regulation 23(4) of the Principal Regulations is
revoked.
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Part 2—Amendment of Principal Regulations
24 Regulation 25 substituted
For regulation 25 of the Principal Regulations
substitute—
'25 Sign on taxi-cab
(1) The operator of a taxi-cab must not operate
the taxi-cab or permit the taxi-cab to be
operated unless the taxi-cab is fitted with a
sign capable of being lit—
(a) that displays the word "TAXI"; and
(b) that indicates whether or not the
taxi-cab is available for hire; and
(c) that is capable of being operated by the
driver of the taxi-cab seated in the
normal driving position.
Penalty: 10 penalty units.
(2) The driver of a taxi-cab must ensure that the
sign referred to in subregulation (1) is turned
off while—
(a) the taxi-cab is hired; or
(b) the taxi-cab is on a highway at a time
when, by a condition of its licence, it is
not permitted to be operated; or
(c) the taxi-cab is on a highway in an area
in which, by a condition of its licence
or by these Regulations, a hiring must
not commence; or
(d) the taxi-cab is being driven to a place to
pick up a passenger for a pre-booked
hiring; or
(e) the taxi-cab is otherwise not available
for hire.
Penalty: 10 penalty units.'.
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Part 2—Amendment of Principal Regulations
25 Not for Hire signs
Regulation 27 of the Principal Regulations is
revoked.
26 Passenger numbers
Division 1 of Part 5 of the Principal Regulations is
revoked.
27 Regulation 33 substituted
For regulation 33(3) of the Principal Regulations
substitute—
"(3) In this regulation, assistance animal has the
same meaning as it has in the Disability
Discrimination Act 1992 of the
Commonwealth.".
28 Regulations 38(1), 38(2), 42 and 47 revoked
Regulations 38(1), 38(2), 42 and 47 of the
Principal Regulations are revoked.
29 New Part 5B inserted
After Part 5A of the Principal Regulations
insert—
"Part 5B—Trading in taxi-cab
licences
47C Authorisation to trade in taxi-cab licences
For the purposes of section 150A of the
Act, a person is authorised to trade in
commercial passenger vehicle licences
granted under Part VI of the Act that are
taxi-cab licences if the person is not—
(a) in the case of a natural person, an
insolvent under administration; or
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Part 2—Amendment of Principal Regulations
(b) in the case of a corporation, an
externally-administered body
corporate.".
30 Test of acuteness of vision
For clause 5 of Schedule 1 to the Principal
Regulations substitute—
"5 The test for acuteness of vision is a test
conducted by—
(a) a person who is registered as an
optometrist under the Health
Practitioner Regulation National Law to
practise in the optometry profession
(other than as a student); or
(b) a person registered under the Health
Practitioner Regulation National Law to
practise in the medical profession
(other than as a student).".
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Part 3—Amendment of the Transport (Infringements) Regulations 2010
Part 3—Amendment of the Transport
(Infringements) Regulations 2010
31 Transport Infringements—Table 8 of Schedule 3
amended
(1) In Table 8 of Schedule 3 to the Transport
(Infringements) Regulations 20102, in Column 2,
for "Transport (Taxi-Cabs) Regulations 2005"
substitute "Transport (Buses, Taxi-Cabs and
Other Commercial Passenger Vehicles)
Regulations 2005".
(2) Item 145 of Table 8 of Schedule 3 to the
Transport (Infringements) Regulations 2010 is
revoked.
(3) After item 146 of Table 8 of Schedule 3 to the
Transport (Infringements) Regulations 2010
insert—
"146A
reg. 11A(2)
Licence holder
failing to keep
required records
2·5 penalty
units
2454
146B
reg. 11A(3)
Licence holder
failing to keep
records at
approved address
2·5 penalty
units
8998
146BA
reg. 11A(4)
Licence holder
failing to retain
records for
required period
2·5 penalty
units
2455
146C
reg. 11A(5)
Licence holder
failing to keep
records in
English
1·25 penalty
units
2456
146D
reg. 11A(6)
Licence holder
failing to produce
records for
inspection
2·5 penalty
units
2457
146E
reg. 11A(7)
Licence holder
failing to give
accurate copy of
records within
specified time
2·5 penalty
units
2458".
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Part 3—Amendment of the Transport (Infringements) Regulations 2010
(4) Items 148, 149, 150, 151, 152, 159 and 160 of
Table 8 of Schedule 3 to the Transport
(Infringements) Regulations 2010 are revoked.
(5) After item 167 of Table 8 of Schedule 3 to the
Transport (Infringements) Regulations 2010
insert—
"167A
reg. 22B(1)
Licence holder
failing to attach
signs of approved
type or design
1·25 penalty
units
2459
167B
reg. 22B(2)
Licence holder
failing to attach
relevant signs to
vehicle in
specified manner
1·25 penalty
units
2460
167C
reg. 22B(3)
Licence holder
failing to ensure
required signs are
clearly visible at
all times
1·25 penalty
units
2461
167D
reg. 22C(2)
Licence holder
failing to comply
with direction to
produce vehicle
for inspection
3·75 penalty
units
2467
167E
reg. 22C(5)
Licence holder
using or
permitting the
use of vehicle
before all matters
set out in notice
fixed
5 penalty
units
2468
167F
reg. 22C(7)
Licence holder
failing to provide
evidence of
inspection within
7 days
0·5 penalty
units
2469
167G
reg. 22E
Driver
consuming
alcohol while on
duty
3 penalty
units
2475".
(6) Item 170 of Table 8 of Schedule 3 to the
Transport (Infringements) Regulations 2010 is
revoked.
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Part 3—Amendment of the Transport (Infringements) Regulations 2010
(7) In item 173 of Table 8 of Schedule 3 to the
Transport (Infringements) Regulations 2010, in
Column 3, for "roof sign" substitute "taxi sign".
(8) In item 174 of Table 8 of Schedule 3 to the
Transport (Infringements) Regulations 2010—
(a) in Column 2 for "25(2)" substitute "25(1)";
and
(b) in Column 3, for "roof sign lamp" substitute
"taxi sign".
(9) For item 175 of Table 8 of Schedule 3 to the
Transport (Infringements) Regulations 2010
substitute—
"175
reg. 25(2)
Taxi sign failing
to indicate
whether taxi-cab
available for hire
2·5 penalty
units
2389".
(10) Items 181 to 185 and item 192 of Table 8 of
Schedule 3 to the Transport (Infringements)
Regulations 2010 are revoked.
(11) In item 194 of Table 8 of Schedule 3 to the
Transport (Infringements) Regulations 2010, in
Column 3, for "guide dog" substitute
"assistance animal".
(12) Items 200, 201, 204, 211, 212, 234 and 235 of
Table 8 of Schedule 3 to the Transport
(Infringements) Regulations 2010 are revoked.
(13) After item 227 of Table 8 of Schedule 3 to the
Transport (Infringements) Regulations 2010
insert—
"227A
reg. 45(4A)
Driver failing to
ensure taximeter
paused
17
2·5 penalty
units
8999".
Transport (Taxi-Cabs), (Passenger Vehicles) and (Infringements)
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Part 3—Amendment of the Transport (Infringements) Regulations 2010
32 Table 9 of Schedule 3 amended
Items 236 to 255 and items 267 to 276 of Table 9
of Schedule 3 to the Transport (Infringements)
Regulations 2010 are revoked.
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Part 4—Amendments and revocations
Part 4—Amendments and revocations
33 Transport (Passenger Vehicles) Regulations 2005
amended
(1) In regulation 1 of the Transport (Passenger
Vehicles) Regulations 20053, omit ", hire cars and
other small passenger vehicles (other than taxicabs)".
(2) Parts 2 and 4 of, and Schedule 1 to, the Transport
(Passenger Vehicles) Regulations 2005 are
revoked.
(3) Regulations 20, 21, 22, 24 and 35 to 39 of the
Transport (Passenger Vehicles) Regulations 2005
are revoked.
34 Taxi-Cab Licences–Market and Trading
Regulations 2005 and related amending regulations
revoked
The following Regulations are revoked—
(a) the Transport (Taxi-Cab Licences - Market
and Trading) Regulations 20054;
(b) the Transport (Taxi-Cab Licences - Market
and Trading) (Amendment) Regulations
20085;
(c) the Transport (Compliance and
Miscellaneous) (Taxi-Cabs) Amendment
Regulations 20116;
(d) the Transport (Taxi-Cabs) and (Taxi-Cab
Licences - Market and Trading) Amendment
Regulations 20147.
═══════════════
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Transport (Taxi-Cabs), (Passenger Vehicles) and (Infringements)
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S.R. No. 49/2015
Endnotes
Endnotes
1
Reg. 4: S.R. No. 67/2005. Reprint No. 1 as at 1 October 2008. Reprinted to
S.R. No 74/2008. Subsequently amended by S.R. Nos 90/2010, 74/2011,
106/2011, 63/2014 and 65/2014.
2
Reg. 31(1): S.R. No. 4/2010. Reprint No. 1 as at 7 August 2013. Reprinted
to S.R. No. 103/2013. Subsequently amended by S.R. Nos 1/2014,
34/2014 and 149/2014.
3
Reg. 33(1): S.R. No. 66/2005. Reprint No. 2 as at 17 May 2012. Reprinted
to S.R. No. 22/2012. Subsequently amended by S.R. No. 64/2014.
4
Reg. 34(a): S.R. No. 164/2005 as amended by S.R. Nos 41/2008, 74/2011,
106/2011 and 65/2014.
5
Reg. 34(b): S.R. No. 41/2008.
6
Reg. 34(c): S.R. No. 74/2011.
7
Reg. 34(d): S.R. No. 65/2014.
——
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 2014 is
$147.61 and for the financial year commencing 1 July 2015 is $151.67.
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.
20