Schedule 13—Infringement offences and infringement penalties
Regulation 31
Column 1<br>Item
Column 2<br>Prescribed infringement offence
Column 3<br>Prescribed infringement penalty
1.
Section 43
12 penalty units in the case of a natural person<br>20 penalty units in the case of a body corporate
2.
Section 59
6 penalty units in the case of a natural person<br>20 penalty units in the case of a body corporate
3.
Section 60(1)
6 penalty units in the case of a natural person<br>20 penalty units in the case of a body corporate
4.
Section 60(2)
6 penalty units in the case of a natural person<br>20 penalty units in the case of a body corporate
5.
Section 64(3)
6 penalty units in the case of a natural person<br>20 penalty units in the case of a body corporate
6.
Section 78(5)
2 penalty units in the case of a natural person<br>10 penalty units in the case of a body corporate
7.
Section 89(1)
10 penalty units in the case of a natural person<br>20 penalty units in the case of a body corporate
8.
Section 89(2)
10 penalty units in the case of a natural person<br>20 penalty units in the case of a body corporate
9.
Section 89(3)
10 penalty units in the case of a natural person<br>20 penalty units in the case of a body corporate
10.
Section 104
12 penalty units in the case of a natural person<br>20 penalty units in the case of a body corporate
11.
Section 125
12 penalty units in the case of a natural person<br>20 penalty units in the case of a body corporate
12.
Section 126A
6 penalty units in the case of a natural person<br>20 penalty units in the case of a body corporate
13.
Section 127(4)
6 penalty units in the case of a natural person<br>20 penalty units in the case of a body corporate
14.
Section 127(5)
6 penalty units in the case of a natural person<br>20 penalty units in the case of a body corporate
15.
Section 127(6)
6 penalty units in the case of a natural person<br>20 penalty units in the case of a body corporate
16.
Section 128(3)
12 penalty units in the case of a natural person<br>20 penalty units in the case of a body corporate
17.
Section 147(1)
12 penalty units in the case of a natural person<br>20 penalty units in the case of a body corporate
18.
Section 147(2)
12 penalty units in the case of a natural person<br>20 penalty units in the case of a body corporate
19.
Section 163
12 penalty units in the case of a natural person<br>20 penalty units in the case of a body corporate
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Heritage Regulations 2017, S.R. No. 108/2017 were made on 24 October 2017 by the Governor in Council under sections 255 and 256 of the Heritage Act 2017, No. 7/2017 and came into operation on 1 November 2017: regulation 3.
The Heritage Regulations 2017 will sunset 10 years after the day of making on 24 October 2027 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Heritage Regulations 2017 by statutory rules, subordinate instruments and Acts.
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2024 is $16.33. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee 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 fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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 2024 is $197.59. 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.