2014

LEGISLATIVE ASSEMBLY FOR THE 
AUSTRALIAN CAPITAL TERRITORY

LEGISLATION (PENALTY UNITS) AMENDMENT BILL 2014

EXPLANATORY STATEMENT

Presented by
Simon Corbell MLA
Attorney-General

LEGISLATION (PENALTY UNITS) AMENDMENT BILL 2014
Outline

The Legislation (Penalty Units) Amendment Bill 2014 (the Bill) amends the Legislation Act 2001 to increase the value of penalty units that provide the basis for determining statutory fines.

In accordance with section 133 (2) of the Legislation Act, the Attorney-General has considered the appropriateness of current penalty unit values and decided to increase the value of penalty units by approximately 7% so that a penalty unit:
•	for an individual has been increased from $140 to $150; and
•	for a corporation has been increased from $700 to $750.

Human Rights Considerations

The Bill does engage any rights under the Human Rights Act 2004. 

While the Bill seeks to increase penalty units, and therefore increase the maximum penalty for offences that carry a financial penalty, there is nothing in the amendment that affects a court’s ability to have regard to an offender’s circumstances at sentencing. 

The Standing Committee on Justice and Community Safety (performing the duties of a Scrutiny of Bills & Subordinate Legislation Committee) considered an increase in the monetary value of penalty units on two separate occasions (Scrutiny Report, 14 September 2009, page 1 and Scrutiny Report 9, 29 July 2013) and made no comment in relation to the increase or the engagement of human rights.

Climate Change Impact Assessment
There are no climate change impacts flowing from the amendments in this Bill.

LEGISLATION (PENALTY UNITS) AMENDMENT BILL 2014
Detail

Clause 1 — Name of Act
This is a technical clause that names the short title of the Act.

Clause 2— Commencement
This clause fixes the date for commencement of the Act. The Act will commence the day after notification.

Clause 3 – Legislation amended
This clause provides that the legislation being amended is the Legislation Act 2001.

Clause 4 – Penalty units – Section 133 (2)
This clause increases the amounts defined for penalty units from $140 to $150 for individuals and from $700 to $750 for corporations.

This clause provides an example of how a fine is calculated using penalty units.