Transport (Infringements) Amendment Regulations
2012
S.R. No. 139/2012
TABLE OF PROVISIONS
Regulation
Page
1
2
3
4
5
6
Objective
Authorising provisions
Commencement
Amendment to Table 6 of Schedule 3
Amendment of Schedule 5—Marine Safety Act 2010 offences
Amendment of Schedule 5—Marine Safety Regulations 2012
offences
7
Amendment of Schedule 5—Marine (Drug, Alcohol and
Pollution Control) Act 1988 offences
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ENDNOTES
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1
2
2
2
3
4
5
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STATUTORY RULES 2012
S.R. No. 139/2012
Transport (Compliance and Miscellaneous) Act 1983
Transport (Infringements) Amendment Regulations
2012
The Governor in Council makes the following Regulations:
Dated: 27 November 2012
Responsible Minister:
TERRY MULDER
Minister for Public Transport
MATTHEW McBEATH
Clerk of the Executive Council
1 Objective
The objective of these Regulations is to amend the
Transport (Infringements) Regulations 2010 to—
(a) prescribe marine drug and alcohol offences
and other marine safety offences under the
Marine (Drug, Alcohol and Pollution
Control) Act 1988 as transport safety
infringement offences; and
(b) prescribe offences under the Transport
(Compliance and Miscellaneous) Act 1983
as transport infringement offences; and
(c) provide that a transport safety infringement
applies in circumstances identified in the
regulations; and
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S.R. No. 139/2012
(d) provide that a transport safety infringement
applies, or does not apply, to a person or
class of person specified in the regulations;
and
(e) prescribe infringement penalties for those
transport infringements and transport safety
infringements; and
(f) allow for different amounts of penalty for a
transport safety infringement according to
the circumstances in which the offence is
committed or the extent of the contravention
constituting the offence.
2 Authorising provisions
These Regulations are made under sections 215
and 228ZZPB of the Transport (Compliance
and Miscellaneous) Act 1983.
3 Commencement
These Regulations come into operation on
1 December 2012.
4 Amendment to Table 6 of Schedule 3
In Table 6 of Schedule 3 to the Transport
(Infringements) Regulations 20101, after item 100
insert—
"
100A
An offence
against
s. 228ZBA(3)
constituted by
a refusal or
failure to
comply with
s. 228ZBA(1A)
Failing to stop or
manoeuvre a
vessel and failing
to produce
equipment for
inspection
2
2 penalty
units
5846
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S.R. No. 139/2012
100B
s. 228ZM(2)
Failing to
provide
information
concerning the
identity and the
location of the
owner or master
of a vessel
5847
147 penalty
units
".
5 Amendment of Schedule 5—Marine Safety Act 2010
offences
After item 18 of Schedule 5 to the Transport
(Infringements) Regulations 2010 insert—
"
18A
s. 162A(4)
Failing to allow a
vessel or
equipment on
vessel to be
inspected
2 penalty
units
5848
18B
An offence
against
s. 162A(5)
constituted by
a failure to
comply with
s. 162A(2)(b)
Failing to stop or
manoeuvre a
vessel and produce
for inspection
equipment
specified in a
direction
2 penalty
units
5849
18C
s. 162C
Failing to provide
information
concerning the
identity and the
location of the
owner or master of
a vessel
147
penalty
units
5850
".
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S.R. No. 139/2012
6 Amendment of Schedule 5—Marine Safety
Regulations 2012 offences
Before item 50 of Schedule 5 to the Transport
(Infringements) Regulations 2010 insert—
"
49A
reg. 15
Failing to notify
the Safety Director
of a change of
details to the vessel
provided under
regulation 11(2)(d)
1 penalty
unit
5862
49B
reg. 16
Failing to notify
the Safety Director
of a change of
name or address of
registered person
1 penalty
unit
5863
49C
reg. 17
As person
disposing of vessel
registered in
person's name, fail
to comply with
transfer
requirements
1 penalty
unit
5864
49D
reg. 18
As person
acquiring
registered vessel,
fail to comply with
transfer
requirements
1 penalty
unit
5865
".
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S.R. No. 139/2012
7 Amendment of Schedule 5—Marine (Drug, Alcohol
and Pollution Control) Act 1988 offences
For items 97 and 98 of Schedule 5 to the
Transport (Infringements) Regulations 2010
substitute—
"
97
s. 28(1)(b)
Operate or be the
master or pilot of a
vessel with—
(a) blood alcohol
level of 0·05
or more but
less than
0·07g/100ml;
or
(b) breath alcohol
level of 0·05
or more but
less than
0·07g/210
litres of
exhaled air—
and—
(c) a prescribed
concentration
of zero blood
or breath
alcohol does
not apply to
the person; and
(d) the person is
aged 26 years
or older at the
time of the
transport
safety
infringement
5
3 penalty
units
5851
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98
s. 28(1)(b)
Operate or be the
master or pilot of a
vessel with—
(a) blood alcohol
level of 0·05
or more but
less than
0·07g/100ml;
or
(b) breath alcohol
level of 0·05
or more but
less than
0·07g/210
litres of
exhaled air—
and—
(c) a prescribed
concentration
of zero blood
or breath
alcohol does
not apply to
the person; and
(d) the person is
aged under
26 years at the
time of the
transport
safety
infringement
3 penalty
units
5852
99
s. 28(1)(b)
Operate or be the
master or pilot of a
vessel with—
(a) blood alcohol
level of 005 or
more but less
than
007g/100ml;
or
3 penalty
units
5853
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(b) breath alcohol
level of 005 or
more but less
than 007g/210
litres of
exhaled air—
and a prescribed
concentration of
zero blood or
breath alcohol
applies to the
person
100
s. 28(1)(b)
Operate or be the
master or pilot of a
vessel with blood
alcohol level of
007 or more but
less than
010g/100ml or
breath alcohol
level of 007 or
more but less than
010g/210 litres of
exhaled air
3 penalty
units
5854
101
s. 28(1)(b)
Operate or be the
master or pilot of a
vessel with—
(a) blood alcohol
level of less
than 005g/100
ml; or
(b) breath alcohol
level of less
than 005g/210
litres of
exhaled air—
and a prescribed
concentration of
zero blood or
breath alcohol
applies to the
person
25 penalty
units
5855
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102
s. 28(1)(b)
Operate or be the
master or pilot of a
vessel with blood
alcohol level of
010 or more but
less than
011g/100 ml or
breath alcohol
level of 010 or
more but less than
011g/210 litres of
exhaled air
425
penalty
units
5856
103
s. 28(1)(b)
Operate or be the
master or pilot of a
vessel with blood
alcohol level of
011 or more but
less than
012g/100 ml or
breath alcohol
level of 011 or
more but less than
012g/210 litres of
exhaled air
425
penalty
units
5857
104
s. 28(1)(b)
Operate or be the
master or pilot of a
vessel with blood
alcohol level of
012 or more but
less than
013g/100 ml or
breath alcohol
level of 012 or
more but less than
013g/210 litres of
exhaled air
425
penalty
units
5858
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105
s. 28(1)(b)
Operate or be the
master or pilot of a
vessel with blood
alcohol level of
013 or more but
less than
014g/100 ml or
breath alcohol
level of 013 or
more but less than
014g/210 litres of
exhaled air
425
penalty
units
5859
106
s. 28(1)(b)
Operate or be the
master or pilot of a
vessel with blood
alcohol level of
014 or more but
less than
015g/100 ml or
breath alcohol
level of 014 or
more but less than
015g/210 litres of
exhaled air
425
penalty
units
5860
107
s. 28(1)(bb)
Operate or be the
master or pilot of a
vessel while the
prescribed
concentration of
drugs or more than
the prescribed
concentration of
drugs is present in
blood or oral fluid
3 penalty
units
5861
".
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9
Transport (Infringements) Amendment Regulations 2012
Endnotes
S.R. No. 139/2012
ENDNOTES
1
Reg. 4: S.R. No. 4/2010 as amended by S.R. Nos 41/2010, 133/2010,
24/2011, 76/2011, 105/2011 and 55/2012.
——
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.
In accordance with section 11 of the Monetary Units Act 2004, the value of
a penalty unit for the financial year commencing 1 July 2012 is $140.84.
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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