PUBLIC HEALTH AND WELLBEING AMENDMENT (PANDEMIC INFRINGEMENT OFFENCES) REGULATIONS 2021 (SR NO 156 OF 2021)

Victorian Numbered Regulations

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PUBLIC HEALTH AND WELLBEING AMENDMENT (PANDEMIC INFRINGEMENT OFFENCES) REGULATIONS 2021 (SR NO 156 OF 2021) - REG 4

Schedule 8—Infringements

(1) Items 75 to 108 in Table 2 of Schedule 8 to the Public Health and Wellbeing Regulations 2019 ^[1]are revoked .

(2) At the end of Table 2 of Schedule 8 to the Public Health and Wellbeing Regulations 2019 insert —

"109

S. 165BN(1)

In the case of a body corporate, 30 penalty units

In the case of an adult, 5 penalty units

In the case of a child of or above the age of 15 years, 2 penalty units

In the case of a child under the age of 15 years, 0.5 penalty units

110

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a face covering

In the case of an adult, $100

In the case of a child of or above the age of 15 years, $40

In the case of a child under the age of 15 years, $20

111

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to self-isolate or self-quarantine

In the case of an adult, 15 penalty units

In the case of a child of or above the age of 15 years, 2·5 penalty units

In the case of a child under the age of 15 years, 0·5 penalty units

112

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement restricting movement in a pandemic management area

In the case of a child of or above the age of 15 years, 2·5 penalty units

In the case of a child under the age of 15 years, 0·5 penalty units

In any other case, 15 penalty units

113

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement restricting movement in, into or from a restricted area (however described)

In the case of a child of or above the age of 15 years, 2·5 penalty units

In the case of a child under the age of 15 years, 0·5 penalty units

In any other case, 15 penalty units

114

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a public or private gathering in a pandemic management area

In the case of a child of or above the age of 15 years, 2·5 penalty units

In the case of a child under the age of 15 years, 0·5 penalty units

In any other case, 15 penalty units

115

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement in relation to entering a pandemic management area

In the case of a child of or above the age of 15 years, 2·5 penalty units

In the case of a child under the age of 15 years, 0·5 penalty units

In any other case, 15 penalty units

116

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to display a sign advising of a requirement to wear a face covering

In the case of a natural person, 3 penalty units

In the case of a body corporate, 15 penalty units

117

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to display density quotient signage

In the case of a natural person, 3 penalty units

In the case of a body corporate, 15 penalty units

118

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, by exceeding a density quotient (however described) or the permitted number of persons (however described) for a space by up to 50 per cent

In the case of a natural person, 3 penalty units

In the case of a body corporate, 15 penalty units

119

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, by exceeding a density quotient (however described) or the permitted number of persons (however described) for a space by between 50 per cent and 100 per cent

In the case of a natural person, 6 penalty units

In the case of a body corporate, 30 penalty units

120

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, by exceeding a density quotient (however described) or the permitted number of persons (however described) for a space by between 100 per cent and 250 per cent

In the case of a natural person, 12 penalty units

In the case of a body corporate, 60 penalty units

121

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, by exceeding a density quotient (however described) or the permitted number of persons (however described) for a space by more than 250 per cent

In the case of a natural person, 15 penalty units

In the case of a body corporate, 75 penalty units

122

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to keep records showing compliance with cleaning protocols

In the case of a natural person, 3 penalty units

In the case of a body corporate, 15 penalty units

123

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to cleaning requirements

In the case of a natural person, 3 penalty units

In the case of a body corporate, 15 penalty units

124

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a crib room requirement in relation to construction sites

In the case of a natural person, 6 penalty units

In the case of a body corporate, 30 penalty units

125

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement for an employer to take reasonable steps to ensure a worker complies with face covering requirements when working at a work premises

In the case of a natural person, 6 penalty units

In the case of a body corporate, 30 penalty units

126

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to display Victorian Government QR code system signage at work premises to enable members of the public to record attendance at those work premises

In the case of a natural person, 6 penalty units

In the case of a body corporate, 30 penalty units

127

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to keep a record of persons who attend work premises

In the case of a natural person, 12 penalty units

In the case of a body corporate, 60 penalty units

128

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to use Service Victoria as the approved record keeping system

In the case of a natural person, 12 penalty units

In the case of a body corporate, 60 penalty units

129

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to request that all members of the public record their attendance at work premises

In the case of a natural person, 12 penalty units

In the case of a body corporate, 60 penalty units

130

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to have a COVID Marshal

In the case of a natural person, 12 penalty units

In the case of a body corporate, 60 penalty units

131

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement in relation to the role of COVID Marshal

In the case of a natural person, 12 penalty units

In the case of a body corporate, 60 penalty units

132

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to have a COVIDSafe Plan in place

In the case of a natural person, 12 penalty units

In the case of a body corporate, 60 penalty units

133

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to have a COVIDSafe Plan in place that meets all criteria for those plans

In the case of a natural person, 12 penalty units

In the case of a body corporate, 60 penalty units

134

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement of a COVIDSafe Plan

In the case of a natural person, 12 penalty units

In the case of a body corporate, 60 penalty units

135

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement for an employer to arrange operations at work premises so as to have workers consistently working with the same group of workers, if reasonably practicable

In the case of a natural person, 12 penalty units

In the case of a body corporate, 60 penalty units

136

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement in relation to the operation of authorised work premises

In the case of a natural person, 15 penalty units

In the case of a body corporate, 75 penalty units

137

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement in relation to permitting persons to attend closed work premises

In the case of a natural person, 15 penalty units

In the case of a body corporate, 75 penalty units

138

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement preventing a worker who lives in a restricted area (however described) from working at work premises outside of the restricted area (however described)

In the case of a natural person, 12 penalty units

In the case of a body corporate, 60 penalty units

139

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement preventing a worker who lives outside of a restricted area (however described) from working at work premises in the restricted area (however described)

In the case of a natural person, 12 penalty units

In the case of a body corporate, 60 penalty units

140

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement in relation to holding an exempt public event

In the case of a natural person, 15 penalty units

In the case of a body corporate, 75 penalty units

141

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement for an employer to collect, record and maintain vaccination information of workers, if vaccination is mandatory

In the case of a natural person, 15 penalty units

In the case of a body corporate, 75 penalty units

142

An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement for an employer to take reasonable steps to prevent the entry to work premises of any unvaccinated worker, if vaccination is mandatory

In the case of a natural person, 15 penalty units

In the case of a body corporate, 75 penalty units".

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"109	S. 165BN(1)	In the case of a body corporate, 30 penalty units In the case of an adult, 5 penalty units In the case of a child of or above the age of 15 years, 2 penalty units In the case of a child under the age of 15 years, 0.5 penalty units
110	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a face covering	In the case of an adult, $100 In the case of a child of or above the age of 15 years, $40 In the case of a child under the age of 15 years, $20
111	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to self-isolate or self-quarantine	In the case of an adult, 15 penalty units In the case of a child of or above the age of 15 years, 2·5 penalty units In the case of a child under the age of 15 years, 0·5 penalty units
112	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement restricting movement in a pandemic management area	In the case of a child of or above the age of 15 years, 2·5 penalty units In the case of a child under the age of 15 years, 0·5 penalty units In any other case, 15 penalty units
113	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement restricting movement in, into or from a restricted area (however described)	In the case of a child of or above the age of 15 years, 2·5 penalty units In the case of a child under the age of 15 years, 0·5 penalty units In any other case, 15 penalty units
114	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a public or private gathering in a pandemic management area	In the case of a child of or above the age of 15 years, 2·5 penalty units In the case of a child under the age of 15 years, 0·5 penalty units In any other case, 15 penalty units
115	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement in relation to entering a pandemic management area	In the case of a child of or above the age of 15 years, 2·5 penalty units In the case of a child under the age of 15 years, 0·5 penalty units In any other case, 15 penalty units
116	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to display a sign advising of a requirement to wear a face covering	In the case of a natural person, 3 penalty units In the case of a body corporate, 15 penalty units
117	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to display density quotient signage	In the case of a natural person, 3 penalty units In the case of a body corporate, 15 penalty units
118	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, by exceeding a density quotient (however described) or the permitted number of persons (however described) for a space by up to 50 per cent	In the case of a natural person, 3 penalty units In the case of a body corporate, 15 penalty units
119	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, by exceeding a density quotient (however described) or the permitted number of persons (however described) for a space by between 50 per cent and 100 per cent	In the case of a natural person, 6 penalty units In the case of a body corporate, 30 penalty units
120	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, by exceeding a density quotient (however described) or the permitted number of persons (however described) for a space by between 100 per cent and 250 per cent	In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units
121	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, by exceeding a density quotient (however described) or the permitted number of persons (however described) for a space by more than 250 per cent	In the case of a natural person, 15 penalty units In the case of a body corporate, 75 penalty units
122	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to keep records showing compliance with cleaning protocols	In the case of a natural person, 3 penalty units In the case of a body corporate, 15 penalty units
123	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to cleaning requirements	In the case of a natural person, 3 penalty units In the case of a body corporate, 15 penalty units
124	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a crib room requirement in relation to construction sites	In the case of a natural person, 6 penalty units In the case of a body corporate, 30 penalty units
125	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement for an employer to take reasonable steps to ensure a worker complies with face covering requirements when working at a work premises	In the case of a natural person, 6 penalty units In the case of a body corporate, 30 penalty units
126	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to display Victorian Government QR code system signage at work premises to enable members of the public to record attendance at those work premises	In the case of a natural person, 6 penalty units In the case of a body corporate, 30 penalty units
127	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to keep a record of persons who attend work premises	In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units
128	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to use Service Victoria as the approved record keeping system	In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units
129	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to request that all members of the public record their attendance at work premises	In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units
130	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to have a COVID Marshal	In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units
131	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement in relation to the role of COVID Marshal	In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units
132	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to have a COVIDSafe Plan in place	In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units
133	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement to have a COVIDSafe Plan in place that meets all criteria for those plans	In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units
134	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement of a COVIDSafe Plan	In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units
135	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement for an employer to arrange operations at work premises so as to have workers consistently working with the same group of workers, if reasonably practicable	In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units
136	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement in relation to the operation of authorised work premises	In the case of a natural person, 15 penalty units In the case of a body corporate, 75 penalty units
137	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement in relation to permitting persons to attend closed work premises	In the case of a natural person, 15 penalty units In the case of a body corporate, 75 penalty units
138	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement preventing a worker who lives in a restricted area (however described) from working at work premises outside of the restricted area (however described)	In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units
139	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement preventing a worker who lives outside of a restricted area (however described) from working at work premises in the restricted area (however described)	In the case of a natural person, 12 penalty units In the case of a body corporate, 60 penalty units
140	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement in relation to holding an exempt public event	In the case of a natural person, 15 penalty units In the case of a body corporate, 75 penalty units
141	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement for an employer to collect, record and maintain vaccination information of workers, if vaccination is mandatory	In the case of a natural person, 15 penalty units In the case of a body corporate, 75 penalty units
142	An offence against section 165BN(1) of the Act constituted by a refusal or failure to comply (without a reasonable excuse) with a pandemic order, or a direction given or a requirement made in the exercise of a pandemic management power, that relates to a requirement for an employer to take reasonable steps to prevent the entry to work premises of any unvaccinated worker, if vaccination is mandatory	In the case of a natural person, 15 penalty units In the case of a body corporate, 75 penalty units".