Northern Territory Bills
[Index]
[Search]
[Download]
[Related Items]
[Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PENALTY UNITS BILL 2009
Serial 44
Penalty
Units Bill 2009
Ms
Lawrie
A Bill for an Act to provide for
calculating the monetary amount of penalties expressed as penalty units and
reviewing the monetary value of penalty units
NORTHERN TERRITORY OF
AUSTRALIA
PENALTY UNITs ACT
2009
____________________
Act No. [ ] of
2009
____________________
TABLE OF PROVISIONS
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of
2009
____________________
An Act to provide for calculating the
monetary amount of penalties expressed as penalty units and reviewing the
monetary value of penalty units
[Assented to [ ]
2009]
[Second reading [ ]
2009]
The Legislative Assembly of the Northern
Territory enacts as follows:
This Act may be cited as the Penalty Units
Act 2009.
This Act commences on the date fixed by the
Administrator by Gazette notice.
In this Act:
penalty includes any of the
following:
(a) a fine or penalty imposed under an Act for an
offence;
(b) an amount that may be paid under an infringement
notice issued in relation to an offence instead of the penalty that may
otherwise be imposed for the offence;
(c) a civil penalty (however
described).
prescribed value means $130 or, if a
regulation prescribes a higher amount, the higher amount.
Monetary amount of
penalty
(1) If a penalty is expressed as a number of
penalty units, the monetary amount of the penalty is obtained by multiplying the
number of penalty units by the prescribed value.
Note for subsection (1)
The number of penalty units may be a whole number
or a decimal or fractional number.
(2) In its application to an Act,
subsection (1) is subject to a contrary intention in the
Act.
Indexation of monetary value of penalty
unit
(1) The Minister must review the monetary value of
a penalty unit for the financial year commencing on 1 July 2010, and for
each subsequent financial year, by calculating in accordance with the formula in
subsection (2) and rounding down in accordance with
subsection (3).
(2) The formula is:
A = B x
where:
A is the monetary value of a penalty
unit for the relevant financial year (subject to rounding, if necessary, in
accordance with subsection (3)).
B is $130.
C is the average of the CPI figures
for Darwin for each of the 4 quarters of the calendar year immediately
preceding the financial year for which the review is made, rounded to one
decimal place.
D is 161.5, being the average of the
CPI figures for Darwin for each of the 4 quarters of the calendar year
2008.
(3) If the monetary value of a penalty unit,
calculated in accordance with subsection (2), increases but is not a
multiple of $1, the amount must be rounded down to the nearest multiple of
$1.
Example for subsection (3)
By calculating in accordance with the formula in
subsection (2), A is equal to $132.20, which is not a multiple of $1.
Therefore, A is rounded down to the nearest multiple of $1 which gives a value
of $132.
(4) The Minister must conduct the review for a
financial year before the start of that financial year.
(5) In this section:
CPI figure for Darwin means the
Consumer Price Index: All Groups Index Number for Darwin published by the
Australian Statistician under the authority of the Census and Statistics
Act 1905 (Cth).
quarter, of a calendar year, means the
period of 3 months ending at the end of March, June, September or December
in that year.
Prescribing new monetary value of penalty
unit
(1) If the monetary value of a penalty unit
determined under section is an amount of $131 or any higher multiple of
$1, the higher amount must be prescribed by regulation as the monetary value of
a penalty unit.
(2) A change in the prescribed value has no effect
until the regulation takes effect.
(3) The new prescribed value applies in calculating
the monetary amount of a penalty only in respect of an offence committed, or a
liability for a penalty arising, after the change takes effect.
The Administrator may make regulations under this
Act.
The following Acts are repealed:
(a) Penalties Act 1999 (Act No. 2 of
1999);
(b) Penalties Amendment Act 2002 (Act No. 15
of 2002).
(1) Despite section , the repealed Act
continues to apply to an act committed or an omission made before the
commencement that results in a liability for a penalty.
(2) In this section:
commencement means the commencement of
this section.
repealed Act means the Penalty
Units Act as in force immediately before the
commencement.
[Index]
[Search]
[Download]
[Related Items]
[Help]