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TASMANIA
__________
PENALTY UNITS AND OTHER PENALTIES
AMENDMENT BILL 2007
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 4 amended (Penalty units)
5. Section 4A inserted
4A. Indexation of penalty units
[Bill 30]-IX
PENALTY UNITS AND OTHER PENALTIES
AMENDMENT BILL 2007
(Brought in by the Minister for Justice and Workplace
Relations, the Honourable Steven Kons)
A BILL FOR
An Act to amend the Penalty Units and Other Penalties Act
1987
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Penalty Units and
Other Penalties Amendment Act 2007.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Principal Act
In this Act, the Penalty Units and Other
Penalties Act 1987* is referred to as the
Principal Act.
*No. 13 of 1987
[Bill 30] 3
Penalty Units and Other Penalties Amendment Act 2007
Act No. of
s. 4
4. Section 4 amended (Penalty units)
Section 4 of the Principal Act is amended by
omitting "$100" and substituting "$120, or such
other amount as is specified in an order under
section 4A(3),".
5. Section 4A inserted
After section 4 of the Principal Act, the
following section is inserted:
4A. Indexation of penalty units
(1) The value of a penalty unit for the
financial year commencing on
1 July 2008, and for each subsequent
financial year, is to be calculated in
accordance with the following formula
and rounded off in accordance with
subsection (2):
where
"A" is the value in dollars of a penalty
unit for the relevant financial
year;
"B" is $120;
"C" is the value of the CPI figure for
Hobart for the December quarter
immediately preceding the
4
Penalty Units and Other Penalties Amendment Act 2007
Act No. of
s. 5
financial year in which the value
of the penalty unit is to apply;
"D" is the value of the CPI figure for
Hobart for the December quarter
2006.
(2) If the value of a penalty unit, calculated
in accordance with the formula specified
in subsection (1), is not a multiple of
$10, the amount is to be rounded down to
the nearest multiple of $10.
(3) When, after rounding down, the value of
a penalty unit reaches an amount of
$130, or any subsequent multiple of $10,
the Minister is to make an order
declaring the value of a penalty unit to be
that amount.
(4) An increase in the value of a penalty unit
is of no effect until the making of an
order under subsection (3).
(5) On or before 1 July 2008 and on or
before 1 July in each subsequent year,
the Minister is to publish a notice in the
Gazette specifying the value of a penalty
unit for the financial year commencing
on that 1 July, whether or not the value is
to be increased.
(6) Publication under subsection (5) is for
public information only and a failure to
publish or a delay or error in publication
does not affect the value of a penalty unit
for the year concerned.
5
Penalty Units and Other Penalties Amendment Act 2007
Act No. of
s. 5
(7) In this section
"CPI figure for Hobart" means the
Consumer Price Index: All
Groups Index Number for Hobart
published by the Australian
Statistician under the authority of
the Census and Statistics Act
1905 of the Commonwealth.
6 Government Printer, Tasmania