Schedule 20—Infringement offences and infringement penalties
Regulation 553P
| Column 1<br>Item No | Column 2<br>Infringement offence | Column 3<br>Infringement penalty—natural person | Column 4<br>Infringement penalty—body corporate |
| 1AA | An offence against section 22 of the Act constituted by a contravention of regulation 319ZC(2) | 2 penalty units | 10 penalty units |
| 1 | An offence against section 40(2) of the Act | 2 penalty units | 10 penalty units |
| 2 | An offence against section 40(3) of the Act | 2 penalty units | 10 penalty units |
| 3 | An offence against section 40(4) of the Act | 2 penalty units | 10 penalty units |
| 4 | An offence against section 41 of the Act | 2 penalty units | 10 penalty units |
| 5 | An offence against section 69(1) of the Act as constituted by a contravention of section 69(1)(a) | 1·2 penalty units | 6 penalty units |
| 6 | An offence against regulation 33(1) | 2 penalty units | 10 penalty units |
| 7 | An offence against regulation 39 | 1·2 penalty units | 6 penalty units |
| 8 | An offence against regulation 40(1) | 1·2 penalty units | 6 penalty units |
| 9 | An offence against regulation 61 | 2 penalty units | 10 penalty units |
| 10 | An offence against regulation 64 | 1·2 penalty units | 6 penalty units |
| 11 | An offence against regulation 68 | 1·2 penalty units | 6 penalty units |
| 12 | An offence against regulation 94(1) | 1·2 penalty units | 6 penalty units |
| 13 | An offence against regulation 106 | 1·2 penalty units | 6 penalty units |
| 14 | An offence against regulation 110 | 2 penalty units | 10 penalty units |
| 15 | An offence against regulation 129 | 2 penalty units | 10 penalty units |
| 16 | An offence against regulation 162(1) | 2 penalty units | 10 penalty units |
| 17 | An offence against regulation 168(1) | 1·2 penalty units | 6 penalty units |
| 18 | An offence against regulation 171 | 1·2 penalty units | 6 penalty units |
| 19 | An offence against regulation 175(1) | 1·2 penalty units | 6 penalty units |
| 20 | An offence against regulation 175(3) | 1·2 penalty units | 6 penalty units |
| 21 | An offence against regulation 220(1) | 2 penalty units | 10 penalty units |
| 22 | An offence against regulation 246 | 2 penalty units | 10 penalty units |
| 23 | An offence against regulation 252(2) | 1·2 penalty units | 6 penalty units |
| 24 | An offence against regulation 263(1) | 1·2 penalty units | 6 penalty units |
| 25 | An offence against regulation 263(2) | 1·2 penalty units | 6 penalty units |
| 26 | An offence against regulation 266(2) | 2 penalty units | 10 penalty units |
| 27 | An offence against regulation 278(2) | 2 penalty units | 10 penalty units |
| 28 | An offence against regulation 278(3) | 2 penalty units | 10 penalty units |
| 29 | An offence against regulation 283(1) | 1·2 penalty units | 6 penalty units |
| 30 | An offence against regulation 283(2) | 1·2 penalty units | 6 penalty units |
| 31 | An offence against regulation 297(1) | 2 penalty units | 10 penalty units |
| 32 | An offence against regulation 298(1) | 1·2 penalty units | 6 penalty units |
| 33 | An offence against regulation 298(3) | 1·2 penalty units | 6 penalty units |
| 34 | An offence against regulation 313(1) | 1·2 penalty units | 6 penalty units |
| 35 | An offence against regulation 313(2) | 1·2 penalty units | 6 penalty units |
| 36 | An offence against regulation 314(1) | 2 penalty units | 10 penalty units |
| 37 | An offence against regulation 314(2) | 2 penalty units | 10 penalty units |
| 37A | An offence against regulation 319K(1) | 2 penalty units | 10 penalty units |
| 37B | An offence against regulation 319K(2) | 2 penalty units | 10 penalty units |
| 37C | An offence against regulation 319N | 1·2 penalty units | 6 penalty units |
| * * * * * | | | |
| 37G | An offence against regulation 319ZD(1) | 1·2 penalty units | 6 penalty units |
| 38 | An offence against regulation 329 | 1·2 penalty units | 6 penalty units |
| 39 | An offence against regulation 334(1) | 2 penalty units | 10 penalty units |
| 40 | An offence against regulation 337(1) | 1·2 penalty units | 6 penalty units |
| 41 | An offence against regulation 352 | 0·1 penalty units | |
| 42 | An offence against regulation 355(1) | 1·2 penalty units | 6 penalty units |
| 43 | An offence against regulation 370 | 2 penalty units | 10 penalty units |
| 44 | An offence against regulation 373 | 2 penalty units | 10 penalty units |
| 45 | An offence against regulation 412(2) | 1·2 penalty units | 6 penalty units |
| 46 | An offence against regulation 412(3) | 1·2 penalty units | 6 penalty units |
| 47 | An offence against regulation 419 | 2 penalty units | 10 penalty units |
| 48 | An offence against regulation 422 | 2 penalty units | 10 penalty units |
| 49 | An offence against regulation 433(4) | 2 penalty units | 10 penalty units |
| 50 | An offence against regulation 438 | 2 penalty units | 10 penalty units |
| 51 | An offence against regulation 474 | 2 penalty units | 10 penalty units |
| 52 | An offence against regulation 476(1) | 0·1 penalty units | |
| 53 | An offence against regulation 476(2) | 0·1 penalty units | 0·5 penalty units |
| 54 | An offence against regulation 544(3) | 2 penalty units | 10 penalty units |
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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 Occupational Health and Safety Regulations 2017, S.R. No. 22/2017 were made on 26 April 2017 by the Governor in Council under section 158 of the Occupational Health and Safety Act 2004, No. 107/2004 and section 52 of the Dangerous Goods Act 1985, No. 10189/1985 and come into operation as follows:
Regulations 1–376(b), 377–583, Schedules 1, 2, 3 (clauses 1–18, 20–29),
4–15, 16 (clauses 1–1.6(f), 1.7–5.4), 17 (clauses 1–10(a)), 18, 19 on 18 June 2017: regulation 3(1); regulation 376(c), clause 19 of Schedule 3, clause 1.6(g) of Schedule 16 and clause 10(b) of Schedule 17 on 18 June 2018: regulation 3(2).
The Occupational Health and Safety Regulations 2017 will sunset 10 years after the day of making on 26 April 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 Occupational Health and Safety Regulations 2017 by statutory rules, subordinate instruments and Acts.
Reg. 41: S.R. No. 68/2006. Reprint No. 4 as at 3 October 2016. Reprinted to S.R. No. 114/2016. Extended in operation by S.R. No. 4/2016.
——
Fee Units
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.
——
The following table of applied, adopted or incorporated matter was included in S.R. No. 22/2017 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| Regulation 5, definitions of ***ADG Code***, ***Class***, ***Classification Code***, ***Division***, ***special provision*** and ***UN Number*** and Schedule 14 | The Australian Code for the Transport of Dangerous Goods by Road and Rail, edition 7.5, published by the National Transport Commission in November 2016 | The whole |
| Regulation 5, definition of ***AMBSC Code***, clause 1.1(b) of Schedule 2, and clause 7 of Schedule 4. | AMBSC Code Part 1, Issue 8—2012, Copper boilers, published by the Australian Miniature Boiler Safety Committee in 2012<br>AMBSC Code Part 2, Issue 5—2012, Steel boilers, published by the Australian Miniature Boiler Safety Committee in 2012<br>AMBSC Code Part 3, Issue 1—2006, Sub-Miniature boilers, published by the Australian Miniature Boiler Safety Committee in 2006<br>AMBSC Code Part 4, Issue 1—2010, Duplex steel boilers, published by the Australian Miniature Boiler Safety Committee in 2010 | |
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| Regulation 5, definitions of ***AS 2030—Gas Cylinders*** and ***gas cylinder*** and regulation 106(f)(i) | AS 2030.1-2009, Gas cylinders, Part 1: General requirements, published by Standards Australia in 2009<br>AS 2030.2-1996, The verification, filling, inspection, testing and maintenance of cylinders for the storage and transport of compressed gases, Part 2: Cylinders for dissolved acetylene, published by Standards Australia in 1996, reissued in 2000 incorporating Amendment Nos 1 and 2<br>AS 2030.4-1985, The verification, filling, inspection, testing and maintenance of cylinders for the storage and transport of compressed gases, Part 4: Welded cylinders—Insulated, published by Standards Australia in 1985, reissued in May 1999 incorporating Amendment No. 1<br>AS 2030.5-2009, Gas cylinders, Part 5: Filling, inspection and testing of refillable cylinders, published by Standards Australia in 2009, incorporating Amendment No. 1 of 2015 | The whole |
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| Regulation 5, definition of ***AS 2593*** and clauses 5 and 6 of Schedule 4 | AS 2593-2004—Boilers—Safety management and supervision systems, published by Standards Australia in 2014 | Sections 1, 2 and 3 |
| Regulation 5, definitions of ***boiler***, ***pressure piping*** and ***pressure vessel*** | AS/NZS 1200, Pressure equipment, as published by Standards Australia and Standards New Zealand on 3 December 2015 | Appendix E |
| Regulation 5, definitions of ***boiler***, ***pressure piping*** and ***pressure vessel***, regulation 106(c) and (f) and clause 1.1(c) of Schedule 2 | AS 4343-2014, Pressure equipment—Hazard levels, published by Standards Australia in 2014 | Section 2 |
| Regulation 5, definition of ***Construction Industry Basic Induction training course*** | Foundations for Safety Construction Industry Induction Training Agreement, with a commencement date of 1 February 2001 | The whole |
| Regulation 5, definition of ***exposure standard*** | Workplace Exposure Standards for Airborne Contaminants, published by SafeWork Australia on its Internet site | The whole |
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| Regulation 5, definitions of ***GHS***,***hazard category****,* ***hazard class***, ***hazard pictogram***, ***hazard statement***, ***hazardous substance*** and ***precautionary statement***, regulations 13(1), 17, 143(1), 145(1)(e) and Schedules 7, 8 and 14 | Globally Harmonized System of Classification and Labelling of Chemicals, third, fourth and fifth revised editions, published by the United Nations in 2009, 2011 and 2013 respectively | The whole |
| Regulation 5, definition of ***Membrane Filter Method*** | Guidance Note on the Membrane Filter Method for Estimating Airborne Asbestos Fibres, 2nd Edition, prepared by the National Occupational Health and Safety Commission and published in April 2005 | The whole |
| Regulation 5, definition of ***occupational health and safety auditor*** | Procedure No. 02, Part 1, Issue 3: Requirements for Bodies Providing Audit and Certification of Occupational Health and Safety Management Systems, dated 18 August 2011, published by the Joint Accreditation System of Australia and New Zealand | The whole |
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| Regulation 41(2)(b)(i) | AS 1657-2013—Fixed platforms, walkways, stairways and ladders—Design, construction and installation, published by Standards Australia in 2013, incorporating Amendment No. 1 | The whole |
| Regulation 106(b) and clause 1.8 of Schedule 2 | AS 3533.1-2009—Amusement rides and devices—Part 1: Design and construction, published by Standards Australia in 2009, reissued in 2011 incorporating Amendment No. 1 | The whole |
| Regulation 106(f)(ii) | AS/NZS 3509:2009—LP Gas fuel vessels for automotive use, published by Standards Australia and Standards New Zealand in 2009 | The whole |
| Regulation 106(f)(iii) | AS 2971-2007—Serially produced pressure vessels, published by Standards Australia in 2007 | The whole |
——
The following table of applied, adopted or incorporated matter was included in S.R. No. 71/2019 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| Regulation 4 (inserts new regulation 319B, definition of ***Dust Class H Vacuum***) | AS/NZS 60335.2.69:2017 Household and similar electrical appliances—Safety—Part 2.69: Particular requirements for wet and dry vacuum cleaners, including power brush, for commercial use, published by Standards Australia on 30 June 2017 | The whole |
| Regulation 4 (inserts new regulation 319B, definition of ***respiratory protective equipment***) | AS/NZS 1716:2012—Respiratory protective devices, published by Standards Australia on 13 February 2012 | The whole |
——
The following table of applied, adopted or incorporated matter was included in S.R. No. 141/2020 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| Regulation 5 | Globally Harmonized System of Classification and Labelling of Chemicals, seventh revised edition, published by the United Nations in 2017. | The whole |
| Regulation 7 | Globally Harmonized System of Classification and Labelling of Chemicals, third, fourth and fifth revised editions, published by the United Nations in 2009, 2011 and 2013 respectively. | The whole |
——
The following table of applied, adopted or incorporated matter was included in S.R. No. 137/2021 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| Regulation 5 (inserts definition of ***Dust Class H Vacuum*** into regulation 5 of the Occupational Health and Safety Regulations 2017) | AS/NZS 60335.2.69:2017 Household and similar electrical appliances—Safety—Part 2.69: Particular requirements for wet and dry vacuum cleaners, including power brush, for commercial use, published by Standards Australia on 30 June 2017 | The whole |
| Regulation 5 (inserts definition of ***respiratory protective equipment*** into regulation 5 the Occupational Health and Safety Regulations 2017) | AS/NZS 1716:2012—Respiratory protective devices, published by Standards Australia on 13 February 2012 | The whole |