Heritage (Infringement Notice) Regulations 2012

Authorised by the Chief Parliamentary Counsel i Authorised Version No. 001 Heritage (Infringement Notice) Regulations 2012 S.R. No. 34/2012 Authorised Version as at 15 May 2012 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Revocation 1 4 Definitions 1 5 Infringement offences 1 6 Infringement penalties 2 SCHEDULE—Heritage Infringements 3 ═══════════════ ENDNOTES 5 1. General Information 5 2. Table of Amendments 6 3. Explanatory Details 7 Authorised by the Chief Parliamentary Counsel 1 Authorised Version No. 001 Heritage (Infringement Notice) Regulations 2012 S.R. No. 34/2012 Authorised Version as at 15 May 2012 1 Objective The objective of these Regulations is to prescribe infringement offences and infringement penalties for the purposes of the Heritage Act 1995. 2 Authorising provision These Regulations are made under section 185 of the Heritage Act 1995. 3 Revocation The following regulations are revoked— (a) the Heritage (Infringement Notice) (Amendment) Regulations 20061; (b) the Heritage (Infringement Notice) Amendment Regulations 20102. 4 Definitions In these Regulations— the Act means the Heritage Act 1995; the Shipwrecks Regulations means the Heritage (Historic Shipwrecks) Regulations 20073. 5 Infringement offences For the purposes of Division 4 of Part 8 of the Act, an offence specified in Column 2 of the Schedule is prescribed as an infringement offence. Authorised by the Chief Parliamentary Counsel S.R. No. 34/2012 Heritage (Infringement Notice) Regulations 2012 2 6 Infringement penalties For the purposes of Division 4 of Part 8 of the Act, the prescribed infringement penalty for an infringement offence is the amount specified in Column 3 of the Schedule in respect of that infringement offence. r. 6 Authorised by the Chief Parliamentary Counsel S.R. No. 34/2012 Heritage (Infringement Notice) Regulations 2012 3 SCHEDULE Regulations 5 and 6 HERITAGE INFRINGEMENTS Column 1 Code Column 2 Infringement offence Column 3 Infringement penalty 1. An offence against section 36(13) of the Act constituted by a failure to comply with section 36(3)(a) or 36(3)(b) of the Act within the time limits set out in section 36(4) of the Act and in accordance with section 36(12) of the Act. In the case of a natural person 4 penalty units. In the case of a body corporate 8 penalty units. 2. An offence against section 36(13) of the Act constituted by a failure to comply with section 36(9) of the Act within the time limits set out in section 36(10) of the Act and in accordance with section 36(12) of the Act. In the case of a natural person 4 penalty units. In the case of a body corporate 8 penalty units. 3. An offence against section 36(13) of the Act constituted by a failure to comply with section 36(11) of the Act. In the case of a natural person 4 penalty units. In the case of a body corporate 8 penalty units. 4. An offence against regulation 6(a) of the Shipwrecks Regulations. 2 penalty units. Sch. Authorised by the Chief Parliamentary Counsel S.R. No. 34/2012 Heritage (Infringement Notice) Regulations 2012 4 Column 1 Code Column 2 Infringement offence Column 3 Infringement penalty 5. An offence against regulation 6(b) of the Shipwrecks Regulations. 2 penalty units. 6. An offence against regulation 6(c) of the Shipwrecks Regulations. 2 penalty units. 7. An offence against section 74A of the Act. In the case of a natural person 4 penalty units. In the case of a body corporate 10 penalty units. ═══════════════ Sch. Authorised by the Chief Parliamentary Counsel S.R. No. 34/2012 Heritage (Infringement Notice) Regulations 2012 5 ENDNOTES 1. General Information The Heritage (Infringement Notice) Regulations 2012, S.R. No. 34/2012 were made on 15 May 2012 by the Governor in Council under section 185 of the Heritage Act 1995, No. 93/1995 and came into operation on 15 May 2012. The Heritage (Infringement Notice) Regulations 2012 will sunset 10 years after the day of making on 15 May 2022 (see section 5 of the Subordinate Legislation Act 1994). Endnotes Authorised by the Chief Parliamentary Counsel S.R. No. 34/2012 Heritage (Infringement Notice) Regulations 2012 6 2. Table of Amendments There are no amendments made to the Heritage (Infringement Notice) Regulations 2012 by statutory rules, subordinate instruments and Acts. Endnotes Authorised by the Chief Parliamentary Counsel S.R. No. 34/2012 Heritage (Infringement Notice) Regulations 2012 7 3. Explanatory Details 1 Reg. 3(a): S.R. No. 137/2006. 2 Reg. 3(b): S.R. No. 65/2010. 3 Reg. 4: S.R. No. 80/2007. —— 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 2011 is $122.14 and for 1 July 2012 is $125.19. 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. Endnotes