Victorian Current Acts

PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 232

    (1)     The Governor in Council may make regulations for or with respect to—

        (a)     prescribing forms to be used for the purposes of this Act;

        (b)     prescribing fees for the purposes of this Act;

        (c)     prescribing the keeping and the form of any records or other documents as may be necessary for the administration of this Act;

        (d)     the collection, provision, transfer, disclosure or use of information for the purposes of this Act;

        (e)     any matter or thing authorised or required to be prescribed or necessary to be prescribed for carrying this Act into effect.

    (2)     Regulations made under this Act—

        (a)     may be of general or of specially limited application;

        (b)     may differ according to differences in time, place or circumstance;

        (c)     may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person or specified class of persons;

        (d)     may provide in a specified case or class of case for the exemption of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions, and either wholly or to such extent as is specified;

        (e)     may confer powers or impose duties in connection with the regulations on any specified person or specified class of persons;

        (f)     may apply, adopt or incorporate with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person—

              (i)     wholly or partially or as amended by the regulations; or

              (ii)     as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or

              (iii)     as formulated, issued, prescribed or published from time to time;

        (g)     may impose a penalty not exceeding 20 penalty units for any contravention of the regulations.

S. 232(3) inserted by No. 7/2021 s. 3B.

    (3)     Despite anything to the contrary in Division 5 of Part 2 of the Infringements Act 2006 , regulations prescribing an amount as the infringement penalty for an offence may—

        (a)     prescribe a lower amount of penalty for an offence committed by a person under the age of 18 years; and

        (b)     specify the circumstances in which the different amounts of penalty apply.