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Public Health and Wellbeing Regulations 2019
Sch 8Infringements
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Schedule 8—Infringements
Regulation 115
Sch. 8 (Table 1) amended by S.R. Nos 86/2020 reg. 4, 15/2021 reg. 4(1), substituted by S.R. No. 72/2022 reg. 5(1).
**Table 1—Infringement offences in these Regulations**
| *Column 1*<br>*Item* | *Column 2*<br>*Infringement offence* | *Column 3*<br>*Infringement penalty* | *Column 4*<br>*Concessional penalty (if any)* |
| 1 | R. 16(5) | 4 penalty units | |
| 2 | R. 17(5) | 4 penalty units | |
| 3 | R. 20(6) | 4 penalty units | |
| 4 | R. 21(6) | 4 penalty units | |
| 5 | R. 29 | 4 penalty units | |
| 6 | R. 30 | 4 penalty units | |
| 7 | R. 31(1) | 4 penalty units | |
| 8 | R. 32 | 4 penalty units | |
| 9 | R. 33 | 4 penalty units | |
| 10 | R. 34 | 4 penalty units | |
| 11 | R. 35(2) | 4 penalty units | |
| 12 | R. 36(1) | 4 penalty units | |
| 13 | R. 37 | 4 penalty units | |
| 14 | R. 38(1) | 2 penalty units | |
| 15 | R. 48 | 4 penalty units | |
| 16 | R. 49 | 4 penalty units | |
| 17 | R. 50 | 4 penalty units | |
| 18 | R. 51 | 4 penalty units | |
| 19 | R. 52 | 4 penalty units | |
| 20 | R. 53 | 4 penalty units | |
| 21 | R. 54(1) | 4 penalty units | |
| 22 | R. 54(2) | 4 penalty units | |
| 23 | R. 54(3) | 4 penalty units | |
| 24 | R. 54(4) | 4 penalty units | |
| 25 | R. 54(5) | 4 penalty units | |
| 26 | R. 54(6) | 4 penalty units | |
| 27 | R. 55(2) | 4 penalty units | |
| 28 | R. 56 | 4 penalty units | |
| 29 | R. 57 | 4 penalty units | |
| 30 | R. 58(2) | 4 penalty units | |
| 31 | R. 58(3) | 4 penalty units | |
| 32 | R. 59(3) | 4 penalty units | |
| 33 | R. 59(4) | 4 penalty units | |
| 34 | R. 59(5) | 4 penalty units | |
| 35 | R. 59(6) | 4 penalty units | |
| 36 | R. 59(7) | 2 penalty units | |
| 37 | R. 61(1) | 4 penalty units | |
| 38 | R. 68 | 4 penalty units | |
| 39 | R. 69 | 4 penalty units | |
| 40 | R. 70(1) | 4 penalty units | |
| 41 | R. 70(2) | 4 penalty units | |
| 42 | R. 70(3) | 4 penalty units | |
| 43 | R. 71(3) | 4 penalty units | |
| 44 | R. 71(4) | 4 penalty units | |
| 45 | R. 71(5) | 4 penalty units | |
| 46 | R. 71(6) | 4 penalty units | |
| 47 | R. 72(3) | 4 penalty units | |
| 48 | R. 72(4) | 4 penalty units | |
| 49 | R. 72(5) | 4 penalty units | |
| 50 | R. 72(6) | 4 penalty units | |
| 51 | R. 73(3) | 4 penalty units | |
| 52 | R. 73(4) | 4 penalty units | |
| 53 | R. 73(5) | 4 penalty units | |
| 54 | R. 73(6) | 4 penalty units | |
| 55 | R. 74(1) | 4 penalty units | |
| 56 | R. 75(1) | 4 penalty units | |
| 57 | R. 76 | 4 penalty units | |
| 58 | R. 79(1) | 4 penalty units | |
| 59 | R. 79(2) | 4 penalty units | |
| 60 | R. 83 | 4 penalty units | |
| 61 | R. 100(2) | 4 penalty units | |
| 61A | R. 100A | In the case of an adult, 10 penalty units<br>In the case of a child of or above the age of 15 years, 4 penalty units<br>In the case of a child under the age of 15 years, 1 penalty unit | In the case of an adult, 1 penalty unit |
| 62 | R. 111(1) | 4 penalty units | |
Sch. 8 (Table 2) amended by S.R. Nos 20/2020 reg. 3, 76/2020 reg. 3, 79/2020 reg. 3, 93/2020 reg. 3, 99/2020 reg. 3, 1/2021 reg. 3, 15/2021 reg. 4(2), 43/2021 reg. 4, 129/2021 regs 3, 4, 156/2021 reg. 4, substituted by S.R. No. 72/2022 reg. 5(2).
**Table 2—Infringement offences in the Act**
| *Column 1*<br>*Item* | *Column 2*<br>*Infringement offence* | *Column 3*<br>*Infringement penalty* | *Column 4*<br>*Concessional penalty (if any)* |
| 63 | S. 69(1) | In the case of a body corporate, 10 penalty units<br>In the case of a natural person, 4 penalty units | |
| 64 | S. 80 | In the case of a body corporate, 24 penalty units<br>In the case of a natural person, 10 penalty units | |
| 65 | S. 87(2) | In the case of a body corporate, 10 penalty units<br>In the case of a natural person, 2 penalty units | |
| 66 | S. 95 | 4 penalty units | |
| 67 | S. 99 | 4 penalty units | |
| 68 | S. 108 | In the case of a body corporate, 4 penalty units<br>In the case of a natural person, 2 penalty units | |
| 69 | S. 127(2) | 4 penalty units | |
| 70 | S. 128(2) | 4 penalty units | |
| 71 | S. 183 | In the case of a child of or above the age of 15 years, 2 penalty units<br>In the case of a child under the age of 15 years, 1 penalty unit<br>In any other case, 5 penalty units | |
| 72 | S. 188(2) | In the case of a body corporate, 30 penalty units<br>In the case of an adult, 10 penalty units<br>In the case of a child of or above the age of 15 years, 4 penalty units<br>In the case of a child under the age of 15 years, 1 penalty unit | In the case of an adult, 1 penalty unit |
| 73 | S. 193(1) | In the case of a body corporate, 60 penalty units<br>In the case of an adult, 10 penalty units<br>In the case of a child of or above the age of 15 years, 4 penalty units<br>In the case of a child under the age of 15 years, 1 penalty unit | In the case of an adult, 1 penalty unit |
| 74 | S. 203(1) | In the case of a body corporate, 60 penalty units<br>In the case of an adult, 10 penalty units<br>In the case of a child of or above the age of 15 years, 4 penalty units<br>In the case of a child under the age of 15 years, 1 penalty unit | In the case of an adult—<br>(a) if the offence is constituted by a contravention of directions given under section 200(1) of the Act by—<br>(i) failing to comply with a requirement in relation to a face covering—$50; or<br>(ii) refusing or failing to comply with a requirement to self-isolate or self-quarantine—2·5 penalty units; or<br>(iii) refusing or failing to comply with a requirement in relation to leaving a restricted area in Victoria without a reasonable excuse or other valid reason or excuse—2·5 penalty units; or<br>(iv) refusing or failing to comply with a requirement in relation to private or public gatherings in a restricted area in Victoria without a reasonable excuse or other valid reason or excuse—2·5 penalty units; or<br>(v) refusing or failing to comply with a requirement in relation to a person travelling from a restricted area (however described) and seeking to enter Victoria without a reasonable excuse or other valid reason or excuse—2·5 penalty units; or<br>(b) if the offence is not constituted by a contravention referred to in paragraph (a)—1 penalty unit |
| 109 | S. 165BN(1) | In the case of a body corporate, 30 penalty units<br>In the case of an adult, 5 penalty units<br>In the case of a child of or above the age of 15 years, 2 penalty units<br>In the case of a child under the age of 15 years, 0·5 penalty units | In the case of an adult, 1 penalty unit |
| 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<br>In the case of a child of or above the age of 15 years, $40<br>In the case of a child under the age of 15 years, $20 | In the case of an adult, $50 |
| 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<br>In the case of a child of or above the age of 15 years, 2·5 penalty units<br>In the case of a child under the age of 15 years, 0·5 penalty units | In the case of an adult, 2·5 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<br>In the case of a child under the age of 15 years, 0·5 penalty units<br>In any other case, 15 penalty units | In the case of an adult, 2·5 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<br>In the case of a child under the age of 15 years, 0·5 penalty units<br>In any other case, 15 penalty units | In the case of an adult, 2·5 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<br>In the case of a child under the age of 15 years, 0·5 penalty units<br>In any other case, 15 penalty units | In the case of an adult, 2·5 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<br>In the case of a child under the age of 15 years, 0·5 penalty units<br>In any other case, 15 penalty units | In the case of an adult, 2·5 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<br>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<br>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<br>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<br>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<br>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<br>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 case of a natural person, 3 penalty units<br>In the case of a body corporate, 15 penalty units | |
| | in the exercise of a pandemic management power, that relates to a requirement to keep records showing compliance with cleaning protocols | | |
| 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<br>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<br>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<br>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<br>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<br>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<br>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<br>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<br>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<br>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<br>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 | In the case of a natural person, 12 penalty units<br>In the case of a body corporate, 60 penalty units | |
| | 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 | | |
| 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<br>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<br>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<br>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 | In the case of a natural person, 15 penalty units<br>In the case of a body corporate, 75 penalty units | |
| | pandemic management power, that relates to a requirement in relation to permitting persons to attend closed work premises | | |
| 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<br>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<br>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<br>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 | In the case of a natural person, 15 penalty units<br>In the case of a body corporate, 75 penalty units | |
| | power, that relates to a requirement for an employer to collect, record and maintain vaccination information of workers, if vaccination is mandatory | | |
| 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<br>In the case of a body corporate, 75 penalty units | |