These papers relate to the COVID-19 Public Health Response (Infringement Offences) Regulations 2021 (the regulations). The regulations are enabled by the COVID-19 Public Health Response Act 2020 (the Act) as recently amended by the COVID-19 Public Health Response Amendment Bill (No 2) 2021.
The Regulations set three classes of infringement fees which are based on the risk of the breach and have corresponding penalties:
- Low risk – breaches of administrative requirements, or requirements where the worst potential outcome has a low likelihood of transmission or spread of COVID-19
- Medium risk – breaches of requirements where the worst potential outcome is a possibility of transmitting or spreading COVID-19 or limiting the capability of the COVID-19 response. Most infringement offences will fall into this category.
- High risk – breaches of requirements where the risk of transmitting or spreading COVID-19 is probable.
From 4 December 2021, the new regulations introduce the following penalties for the different classes:
| Class of offence | Infringement fee for individual | Infringement fee for bodies corporate |
|---|---|---|
| Low risk | $500 | $1500 |
| Medium risk | $1000 | $4000 |
| High risk | $4000 | $12000 |
The regulations also assign an infringement offence class and corresponding penalty to each infringement offence contained in the Act:
- Section 32P(1) (the requirement to remain in the assigned place of isolation or quarantine): High risk
- Section 32P(2) (the requirement to comply with direction or conditions imposed by the chief executive): High risk
- Section 32T(1) (the requirement to provide contact information): Low risk
- Section 32T(2) (the requirement to update contact details that change): Low risk.
Infringement offence classes and penalties are specified for other infringement offences in the applicable COVID-19 Order or Rule.
The following documents are also available for public reference:
