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STATUTE LAW (PENALTIES) BILL 1992
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
This Bill is cognate with the Statute Law (Miscellaneous Provisions) Bill (No. 3)
1992.
Acts enacted since the commencement of the Interpretation Act 1987 (and statutory
rules made under those Acts) have generally expressed a pecuniary penalty for an
offence in penalty units in accordance with section 56 of that Act. That section provides
that a reference in an Act or statutory rule to a number of penalty units is to be read as a
reference to an amount of money equal to the amount obtained by multiplying $100 by
that number of penalty units. The use of penalty units is a means of ensuring that the
relative values of penalties as between various offences remain constant. An amendment
to section 56 of the Interpretation Act 1987 to change the value of a penalty unit is
sufficient to adjust the levels of all penalties for all offences for which penalty units are
specified. Alternatively, if it is desired to vary only an individual penalty, the number of
penalty units for the offence can be amended.
The object of this Bill is to facilitate the adoption of the penalty unit system by
generally amending the references to penalties of actual amounts in various principal
Acts enacted before the introduction of the penalty unit system. Any remaining Acts in
which penalties of actual amounts appear are to be amended on a progressive basis as
part of the regular statute law revision program.
The Bill merely converts existing penalties to the nearest equivalent level of penalty
units--it does not provide for any significant penalty increases. However, to promote
consistency, the range of penalty units proposed is to be limited, as far as possible, so as
to avoid unnecessary diversity. The penalties specified in Acts are the maximum that
may be imposed, and the courts are able to tailor the penalty to the particular offence.
The following pattern is proposed:
Penalty units
Current dollar amount
$
0.1
10
0.5
50
1
100
2
200
3
300
4
400
5
500
10
1,000
15
1,500
20
2,000
25
2,500
30
3,000
40
4,000
50
5,000
100
10,000
200
20,000
1,000
100,000
If a current maximum penalty falls between the above dollar amount range, the
provision is proposed to be amended by fixing the maximum penalty at the next higher
penalty unit as set out above except in a few cases involving substantial penalties where
such a rounding up would involve a significant penalty increase. In these cases, a
conversion of the money amount to the penalty unit equivalent has been adopted.
The opportunity has also been taken to remove any minimum pecuniary penalty
when expressing the maximum penalty in terms of penalty units. In recent years, only
maximum penalties have been imposed for offences. The discretion of the courts as to
the appropriate level of penalty has not been limited by obligations to impose a
specified minimum penalty irrespective of the circumstances of the case.
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides that the proposed Act will commence on the date of assent.
Clause 3 is a formal provision which gives effect to the Schedule of amendments.
Schedule 1 amends the following Acts (which currently express pecuniary penalties
for offences in dollar amounts) so as to express those penalties in penalty units:
Aboriginal Land Rights Act 1983
Air Transport Act 1964
Albury-Wodonga Development Act 1974
Anatomy Act 1977
Animal Research Act 1985
Annual Holidays Act 1944
Apiaries Act 1985
Arbitration (Civil Actions) Act 1983
Architects Act 1921
Archives Act 1960
Area Health Services Act 1986
Associations Incorporation Act 1984
Auctioneers and Agents Act 1941
Australian Museum Trust Act 1975
Bail Act 1978
Banana Industry Act 1987
Bicentennial Park Trust Act 1987
Bills of Sale Act 1898
Bookmakers (Taxation) Act 1917
Boxing and Wrestling Control Act 1986
Bread Act 1969
Building and Construction Industry Long Service Payments Act 1986
Bush Fires Act 1949
Business Names Act 1962
Cattle Compensation Act 1951
Children (Care and Protection) Act 1987
Children (Criminal Proceedings) Act 1987
Children (Detention Centres) Act 1987
Children (Equality of Status) Act 1976
Coal and Oil Shale Mine Workers (Superannuation) Act 1941
Coal Mines Regulation Act 1982
Coastal Protection Act 1979
Commercial Agents and Private Inquiry Agents Act 1963
Commercial Tribunal Act 1984
Commercial Vessels Act 1979
Companies (Administration) Act 1981
Construction Safety Act 1912
Conveyancing Act 1919
Co-operation Act 1923
Coroners Act 1980
Country Industries (Pay-roll Tax Rebates) Act 1977
Crimes Act 1900
Dairy Industry Act 1979
Dangerous Goods Act 1975
Darling Harbour Authority Act 1984
De Facto Relationships Act 1984
Dental Technicians Registration Act 1975
District Court Act 1973
Dog Act 1966
Door-to-Door Sales Act 1967
Dormant Funds Act 1942
Drainage Act 1939
Dried Fruits Act 1939
Drug Misuse and Trafficking Act 1985
Election Funding Act 1981
Electricity Act 1945
Electricity Commission Act 1950
Employment Protection Act 1982
Energy Administration Act 1987
Environmental Planning and Assessment Act 1979
Environmentally Hazardous Chemicals Act 1985
Exhibited Animals Protection Act 1986
Factories, Shops and Industries Act 1962
Fair Trading Act 1987
Farm Produce Act 1983
Film and Video Tape Classification Act 1984
Fish River Water Supply Administration Act 1945
Funeral Funds Act 1979
Gaming and Betting Act 1912
Gas Act 1986
Googong Dam Catchment Area Act 1975
Government and Related Employees Appeal Tribunal Act 1980
Greyhound Racing Control Board Act 1985
Growth Centres (Development Corporations) Act 1974
Harness Racing Authority Act 1977
Hawkers Act 1974
Hay Irrigation Act 1902
Health Administration Act 1982
Health Insurance Levies Act 1982
Heritage Act 1977
Horticultural Stock and Nurseries Act 1969
Housing Act 1912
Human Tissue Act 1983
Hunter Valley Flood Mitigation Act 1956
Indecent Articles and Classified Publications Act 1975
Infants' Custody and Settlements Act 1899
Irrigation Act 1912
Judicial officers Act 1986
Justices Act 1902
Land Development Contribution Management Act 1970
Land Sales Act 1964
Land Tax Management Act 1956
Landlord and Tenant (Amendment) Act 1948
Landlord and Tenant (Rental Bonds) Act 1977
Lay-by Sales Act 1943
Legal Profession Act 1987
Library Act 1939
Liquefied Petroleum Gas Act 1961
Listening Devices Act 1984
Loan Fund Companies Act 1976
Local Government and Other Authorities (Superannuation) Act 1927
Long Service Leave Act 1955
Long Service Leave (Metalliferous Mining Industry) Act 1963
Lord Howe Island Act 1953
Lotteries and Art Unions Act 1901
Lotto Act 1979
Maintenance Act 1964
Maritime Services Act 1935
Marketing of Primary Products Act 1983
Meat Industry Act 1978
Mine Subsidence Compensation Act 1961
Mines Inspection Act 1901
Mines Rescue Act 1925
Monopolies Act 1923
Motor Dealers Act 1974
Motor Vehicle Repairs Act 1980
Motor Vehicle Sports (Public Safety) Act 1985
Motor Vehicles (Third Party Insurance) Act 1942
Murray-Darling Basin Act 1983
Museum of Applied Arts and Sciences Act 1945
National Crime Authority (State Provisions) Act 1984
National Parks and Wildlife Act 1974
Navigation Act 1901
Necropolis Act 1901
Non-indigenous Animals Act 1987
Notification of Births Act 1915
Occupational Health and Safety Act 1983
Optometrists Act 1930
Parliamentary Electorates and Elections Act 1912
Pawnbrokers Act 1902
Pay-roll Tax Act 1971
Petroleum Products Subsidy Act 1965
Petroleum (Submerged Lands) Act 1982
Pipelines Act 1967
Plant Diseases Act 1924
Poisons Act 1966
Police Regulation (Superannuation) Act 1906
Poultry Meat Industry Act 1986
Poultry Processing Act 1969
Prevention of Cruelty to Animals Act 1979
Private Irrigation Districts Act 1973
Protected Estates Act 1983
Public Finance and Audit Act 1983
Public Gates Act 1901
Public Hospitals Act 1929
Racing Appeals Tribunal Act 1983
Real Property Act 1900
Recreation Vehicles Act 1983
Registration of Births, Deaths and Marriages Act 1973
Registration of Interests in Goods Act 1986
Revenue Laws (Reciprocal Powers) Act 1987
Rivers and Foreshores Improvement Act 1948
Road Obstructions (Special Provisions) Act 1979
Royal Botanic Gardens and Domain Trust Act 1980
Rural Workers Accommodation Act 1969
School Forest Areas Act 1936
Second-hand Dealers and Collectors Act 1906
Security (Protection) Industry Act 1985
Seeds Act 1982
Soccer Football Pools Act 1975
Soil Consewation Act 1938
Sporting Injuries Insurance Act 1978
Stamp Duties Act 1920
State Sports Centre Trust Act 1984
Stock (Artificial Breeding) Act 1985
Stock (Chemical Residues) Act 1975
Stock Foods Act 1940
Strata Titles Act 1973
Superannuation Act 1916
Survey Co-ordination Act 1949
Survey Marks Act 1902
Surveyors Act 1929
Swine Compensation Act 1928
Sydney Cove Redevelopment Authority Act 1968
Sydney Cricket and Sports Ground Act 1978
Sydney Harbour Trust Act 1900
Sydney Market Authority Act 1968
Sydney Opera House Trust Act 1961
Teaching Services Act 1980
Therapeutic Goods and Cosmetics Act 1972
Tobacco Leaf Stabilization Act 1967
Totalizator Act 1916
Traffic Act 1909
Traffic Safety (Lights and Hoardings) Act 1951
Trustee Companies Act 1964
Unauthorised Documents Act 1922
Valuation of Land Act 1916
Valuers Registration Act 1975
Veterinary Surgeons Act 1986
Waste Disposal Act 1970
Water Act 1912
Water Administration Act 1986
Water Board Act 1987
Water Supply Authorities Act 1987
Wentworth Irrigation Act 1890
Western Lands Act 1901
White Phosphorus Matches Prohibition Act 1915
Wild Dog Destruction Act 1921
Wills, Probate and Administration Act 1898
Wine Grape Processing Industry Act 1979
Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987
Workers' Compensation (Dust Diseases) Act 1942
Zoological Parks Board Act 1973