MONETARY UNITS BILL 2004

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MONETARY UNITS BILL 2004

PARLIAMENT OF VICTORIA Monetary Units Act 2004 Victorian Legislation and Parliamentary Documents Act No. TABLE OF PROVISIONS Clause Page 1. Purposes 1 2. Commencement 3 3. Definitions 3 4. Meaning of fee unit 3 5. Calculation of value of fee and penalty units 4 6. Notification of values of fee and penalty units 5 7. Calculation of a fee or penalty 5 8. Certain monetary amounts to be construed in fee units or penalty units 5 9. Regulations 6 10. Notification of fees and penalties 9 11. Transitional provisions for 20042005 9 12. 10 Subordinate Legislation Act 1994 13. New section 110 inserted in Sentencing Act 1991 10 110. Meaning of penalty units 10 14. 11 Environment Protection Act 1970 15. Conversion of fees and penalties to monetary units 11 16. Conversion of penalty units to dollar amounts 11 __________________ SCHEDULES 12 SCHEDULE 1--Conversion of Penalties and Fees in Acts 12 SCHEDULE 2--Penalties to Remain in Dollars 20 ENDNOTES 23 INDEX 24 i 551150B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

PARLIAMENT OF VICTORIA Initiated in Assembly 2 March 2004 Victorian Legislation and Parliamentary Documents A BILL to provide for fees and penalties to be fixed by reference to fee or penalty units that can be indexed annually by an amount to be fixed by the Treasurer, to amend the Sentencing Act 1991 and the Subordinate Legislation Act 1994 and to amend fees and penalties that are specified in certain Acts by monetary amounts and for other purposes. Monetary Units Act 2004 The Parliament of Victoria enacts as follows: 1. Purposes The main purposes of this Act are-- (a) to provide for fees and penalties to be fixed by reference to fee units or penalty units that 5 can be indexed annually by an amount to be fixed by the Treasurer; 551150B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004 1

Monetary Units Act 2004 s. 1 Act No. (b) to change certain penalties that are specified in monetary amounts in certain Acts to penalty units; Victorian Legislation and Parliamentary Documents (c) to change certain fees that are specified in 5 monetary amounts in certain Acts to fee units; (d) to authorise the Governor in Council to make regulations-- (i) converting references to fees and 10 penalties in monetary amounts to equivalent fee units and penalty units; (ii) converting references to fee units and penalty units to equivalent fees and penalties in monetary amounts; 15 (iii) converting existing references to fee units to equivalent fee units under this Act; (iv) converting existing references to the monetary value of fee units or penalty 20 units to the equivalent value under this Act; (v) increasing fees that have remained in monetary amounts to fee units having regard to the indexation that would 25 have applied if they were in fee units; (e) to change penalty units in the Petroleum (Submerged Lands) Act 1982 to monetary amounts; (f) to amend the Sentencing Act 1991 and the 30 Subordinate Legislation Act 1994. 2 551150B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Monetary Units Act 2004 s. 2 Act No. 2. Commencement (1) This section and sections 1, 3, 9, 11 and 12 come Victorian Legislation and Parliamentary Documents into operation on the day on which this Act receives the Royal Assent. 5 (2) The remaining provisions of this Act come into operation on 1 July 2004. 3. Definitions In this Act-- "fee" includes charge or other amount; 10 "penalty" means a fine or other monetary penalty and includes an amount payable under an Act or statutory rule in respect of an offence for which an infringement notice can be issued under the Act; 15 "penalty unit" has the same meaning as in section 110 of the Sentencing Act 1991; "statutory rule" has the same meaning as in the Subordinate Legislation Act 1994. 4. Meaning of fee unit 20 If in an Act or statutory rule there is a statement of a number (whether whole, fractional or decimal) of what are called "fee units", that statement must, unless the context otherwise requires, be construed as stating a number of dollars equal to 25 the product obtained by multiplying the number of fee units by the amount fixed from time to time by the Treasurer under section 5(3). 3 551150B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Monetary Units Act 2004 s. 5 Act No. 5. Calculation of value of fee and penalty units (1) The value of a fee unit is the amount fixed with Victorian Legislation and Parliamentary Documents respect to a financial year by the Treasurer by notice published in the Government Gazette. 5 (2) The value of a penalty unit is the amount fixed with respect to a financial year by the Treasurer by notice published in the Government Gazette. (3) The Treasurer may, by notice published in the Government Gazette, fix once each financial year 10 the amounts referred to in sub-sections (1) and (2). (4) The Treasurer is to fix before 1 March in each year an amount to be known as the annual rate by which the amount of a fee unit or penalty unit is to be adjusted for the next financial year. 15 (5) If the Treasurer does not fix an annual rate under sub-section (4) for a financial year, the annual rate that was determined for the previous financial year is to be the rate by which the amount of a fee unit or penalty unit is to be adjusted for the 20 financial year. (6) The amount of a fee unit fixed by the Treasurer that is to apply in respect of a financial year must not exceed the amount that is the product of the value of the fee unit in the previous financial year 25 multiplied by the annual rate for the financial year in which the fee unit is to apply rounded to the nearest cent. (7) The amount of a penalty unit fixed by the Treasurer that is to apply in respect of a financial 30 year must not exceed the amount that is the product of the value of the penalty unit in the previous financial year multiplied by the annual rate for the financial year in which the penalty is to apply rounded to the nearest cent. 4 551150B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Monetary Units Act 2004 s. 6 Act No. 6. Notification of values of fee and penalty units Before 1 June in each year the Treasurer must Victorian Legislation and Parliamentary Documents publish in the Government Gazette and in a newspaper circulating generally throughout 5 Victoria notice of-- (a) the value of the fee unit that is to apply for the financial year commencing on 1 July in that year; and (b) the value of the penalty unit that is to apply 10 for the financial year commencing on 1 July in that year. 7. Calculation of a fee or penalty (1) The amount of a fee provided for by an Act or a statutory rule by a fee unit is to be calculated by 15 multiplying the number of fee units applicable by the value of a fee unit fixed under section 5. (2) The amount of a penalty provided for by an Act or statutory rule by a penalty unit is to be calculated by multiplying the number of penalty units 20 applicable by the value of a penalty unit fixed under section 5. (3) The amount of a fee calculated under this section may be rounded to the nearest 10 cents. (4) The amount of a penalty calculated under this 25 section may be rounded to the nearest dollar. 8. Certain monetary amounts to be construed in fee units or penalty units (1) A provision in an Act authorising the Governor in Council to make a statutory rule that prescribes, 30 fixes or charges a fee (however expressed) may be construed as authorising the Governor in Council to make a statutory rule to prescribe, fix or charge that fee by reference to a fee unit unless the amount to be prescribed, fixed or charged would 5 551150B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Monetary Units Act 2004 s. 9 Act No. be less than the value of one fee unit fixed in accordance with this Act. Victorian Legislation and Parliamentary Documents (2) A provision in an Act authorising the Governor in Council to make a statutory rule that prescribes a 5 penalty for an offence against the statutory rule (however expressed) may be construed as authorising the Governor in Council to make a statutory rule to prescribe that penalty by reference to a penalty unit. 10 9. Regulations (1) The Governor in Council, on the certificate and recommendation of the Treasurer, may make regulations amending any statutory rule made under any Act to-- 15 (a) convert any fees specified in monetary amounts in the statutory rule to fee units; (b) convert any penalties specified in monetary amounts in the statutory rule to penalty units; (c) convert any fee units or penalty units 20 specified or referred to in the statutory rule to fee units or penalty units calculated in accordance with this Act; (d) convert the monetary amount of a fee unit or penalty unit specified or referred to in the 25 statutory rule to the equivalent monetary amount of that fee unit or penalty unit calculated in accordance with this Act; (e) convert any fee units specified in the statutory rule to fees specified in monetary 30 amounts; (f) convert any penalty units specified in the statutory rule to penalties in monetary amounts; 6 551150B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Monetary Units Act 2004 s. 9 Act No. (g) increase any fees specified in monetary amounts in the statutory rule by the amount of the cumulative annual rates fixed by the Victorian Legislation and Parliamentary Documents Treasurer under this Act for the period that 5 the fee has had effect without any increase. (2) Part 2 of the Subordinate Legislation Act 1994 does not apply to a regulation made under this section if the Treasurer certifies in writing that-- (a) in the case of a regulation made under sub- 10 section (1)(a)-- (i) to take effect on or before 1 July 2004, the regulation converts fees in monetary amounts to fee units by dividing the amount of the fee by $10; 15 or (ii) to take effect after 1 July 2004, the regulation converts fees in monetary amounts to fee units by dividing the amount of the fee by the value of a fee 20 unit fixed by the Treasurer under section 5(3); (b) in the case of a regulation made under sub- section (1)(b)-- (i) to take effect on or before 1 July 2004, 25 the regulation converts penalties in monetary amounts to penalty units by dividing the amount of the penalty by $100; or (ii) to take effect after 1 July 2004, the 30 regulation converts penalties in monetary amounts to penalty units by dividing the amount of the penalty by the value of a penalty unit fixed by the Treasurer under section 5(3); 7 551150B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Monetary Units Act 2004 s. 9 Act No. (c) in the case of a regulation made under sub- section (1)(c), the regulation converts fee units to the equivalent number of fee units Victorian Legislation and Parliamentary Documents having regard to the current value of a fee 5 unit under this Act; (d) in the case of a regulation made under sub- section (1)(c), the regulation converts penalty units to the equivalent number of penalty units having regard to the current 10 value of a penalty unit under this Act; (e) in the case of a regulation made under sub- section (1)(d), the regulation converts the monetary amount of a fee unit or penalty unit specified or referred to in the statutory rule 15 to the equivalent monetary amount of that fee unit or penalty unit under this Act; (f) in the case of a regulation made under sub- section (1)(e), the regulation converts fee units to fees in monetary amounts by 20 multiplying the amount of the fee unit by the value of a fee unit fixed by the Treasurer under section 5(3); (g) in the case of a regulation made under sub- section (1)(f), the regulation converts penalty 25 units to penalties in monetary amounts by multiplying the amount of the penalty unit by the value of a penalty unit fixed by the Treasurer under section 5(3); (h) in the case of a regulation made under sub- 30 section (1)(g), the regulation increases any fees that are less than the value of one fee unit by an amount not exceeding the cumulative annual rates fixed by the Treasurer under this Act for the period that 35 the fee has had effect without any increase. 8 551150B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Monetary Units Act 2004 s. 10 Act No. (3) For the purposes of sub-section (2)(a) and (b), in calculating the number of fee units or penalty units, the number of fee units or penalty units is Victorian Legislation and Parliamentary Documents deemed to be calculated in accordance with those 5 provisions if the fee unit or penalty unit is rounded up to the next 2 decimal places. (4) For the purposes of sub-section (2)(f), in calculating the amount of a fee, the amount of the fee is deemed to be calculated in accordance with 10 that provision if the fee is rounded to the nearest 10 cents. (5) For the purposes of sub-section (2)(g), in calculating the amount of a penalty, the amount of the penalty is deemed to be calculated in 15 accordance with that provision if the penalty is rounded to the nearest dollar. 10. Notification of fees and penalties The Minister responsible for administering an Act or a statutory rule that provides for fees or 20 penalties by fee units or penalty units must take reasonable steps to ensure that notice of the monetary amounts of those fees and penalties calculated in accordance with section 7 are notified to the public generally or to the sector of 25 the public likely to be affected by the fee or penalty. 11. Transitional provisions for 20042005 (1) Despite sections 5 and 6, for the financial year commencing on 1 July 2004, the value of-- 30 (a) a fee unit is the amount of $10 multiplied by the annual rate fixed by the Treasurer for that financial year and notified in the Government Gazette on or before 1 July 2004; 9 551150B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Monetary Units Act 2004 s. 12 Act No. (b) a penalty unit is the amount of $100 multiplied by the annual rate fixed by the Treasurer for that financial year and notified Victorian Legislation and Parliamentary Documents in the Government Gazette on or before 5 1 July 2004. (2) Any reference in this Act or any other Act or statutory rule to the value of a fee unit or penalty unit calculated in accordance with section 5(3) is to be treated for the financial year commencing on 10 1 July 2004 as a reference to a fee unit or penalty unit calculated in accordance with this section. 12. Subordinate Legislation Act 1994 Nothing in the Subordinate Legislation Act 1994 applies to the fixing of-- 15 (a) a fee or penalty unit in accordance with section 5 or 11; or (b) an annual rate in accordance with section 5 or 11. 13. New section 110 inserted in Sentencing Act 1991 20 For section 110 of the Sentencing Act 1991 substitute-- '110. Meaning of penalty units (1) If in an Act or subordinate instrument (except a local law made under Part 5 of the 25 Local Government Act 1989) there is a statement of a number (whether whole, decimal or fractional) of what are called "penalty units", that statement must, unless the context otherwise requires, be construed 30 as stating a number of dollars equal to the product obtained by multiplying the number of penalty units by the amount fixed from time to time by the Treasurer under section 5(3) of the Monetary Units Act 35 2004. 10 551150B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Monetary Units Act 2004 s. 14 Act No. (2) If in a local law made under Part 5 of the Local Government Act 1989 there is a statement of a number (whether whole, Victorian Legislation and Parliamentary Documents decimal or fractional) of what are called 5 "penalty units", that statement must, unless the context otherwise requires, be construed as stating a number of dollars equal to the product obtained by multiplying $100 by that number of penalty units.'. 10 14. Environment Protection Act 1970 In section 4(1) of the Environment Protection Act 1970 for the definition of "fee unit" substitute-- ' "fee unit" means a fee unit calculated in 15 accordance with section 5(3) of the Monetary Units Act 2004;'. 15. Conversion of fees and penalties to monetary units An Act specified in a heading to an item mentioned in Schedule 1 is amended as set out in 20 that item. 16. Conversion of penalty units to dollar amounts The Petroleum (Submerged Lands) Act 1982 is amended as set out in Schedule 2. __________________ 11 551150B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Monetary Units Act 2004 Sch. 1 Act No. SCHEDULES Victorian Legislation and Parliamentary Documents Section 15 SCHEDULE 1 CONVERSION OF PENALTIES AND FEES IN ACTS 1. Consumer Credit (Victoria) Act 1995 5 1.1 In section 30(4)(b), for "$5000" substitute "an amount that is 50 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004". 1.2 In section 37F(2)(b), for "$150" substitute "15 fee units". 2. Co-operatives Act 1996 10 In section 453(5), for "$50" substitute "half the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004". 3. Court Security Act 1980 In section 3(2)-- 15 (a) after "Act" insert "and liable to a penalty not exceeding 10 penalty units"; (b) the penalty at the foot of the sub-section is repealed. 4. Crown Lands (Reserves) Act 1978 4.1 In section 13(5), for "$200" substitute "2 penalty units". 20 4.2 In section 13(6), for "$500" substitute "5 penalty units". 5. Disposal of Uncollected Goods Act 1961 5.1 In section 5(3), for "$200" substitute "2 penalty units". 5.2 In section 10(3), for "$200" substitute "2 penalty units". 5.3 In section 11(4)-- 25 (a) for "$100" substitute "1 penalty unit"; (b) for "$20" substitute "02 penalty unit"; (c) for "$10" substitute "01 penalty unit". 12 551150B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Monetary Units Act 2004 Sch. 1 Act No. 6. Electoral Act 2002 6.1 In section 45(2)(g) for "$500" substitute "50 fee units". Victorian Legislation and Parliamentary Documents 6.2 In section 51(2)(c) for "$500" substitute "50 fee units". 6.3 In section 135(1)(e) for "$100" substitute "10 fee units". 5 7. Electoral Boundaries Commission Act 1982 In section 10(5)-- (a) after "offence" insert "and liable to a penalty not exceeding 50 penalty units"; (b) the penalty at the foot of the sub-section is repealed. 10 8. Electricity Industry Act 2000 In section 109-- (a) for "$500" substitute "5 penalty units"; (b) for "$1000" substitute "10 penalty units". 9. Freedom of Information Act 1982 15 In section 17(2A) for "$20" substitute "2 fee units". 10. Gambling Regulation Act 2003 10.1 In section 2.5.39(5)-- (a) after "offence" insert "and liable to a penalty not exceeding half of a penalty unit"; 20 (b) the penalty at the foot of the sub-section is repealed. 10.2 In section 3.4.25(1), in the definition of "disciplinary action", for "$50 000" substitute "an amount that is 500 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004". 25 10.3 In section 3.4.36(1), in the definition of "disciplinary action", for "$5 000 000" substitute "an amount that is 50 000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004". 30 10.4 In section 3.4.65(1), in the definition of "disciplinary action", for "$5 000 000" substitute "an amount that is 50 000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004". 13 551150B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Monetary Units Act 2004 Sch. 1 Act No. 10.5 In section 4.3.31(2)(d), for "$5 000 000" substitute "an amount that is 50 000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Victorian Legislation and Parliamentary Documents Act 2004". 5 10.6 In section 5.3.3(3), for "$100" substitute "10 fee units". 10.7 In section 5.3.23(1)(b), for "$500 000" substitute "an amount that is 5000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004". 10 10.8 In section 7.3.9, in the definition of "disciplinary action", for "$50 000" substitute "an amount that is 50 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004". 11. Gaming and Betting Act 1994 15 In section 32(2)(d), for "$5 000 000" substitute "an amount that is 50 000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004". 12. Gaming Machine Control Act 1991 20 12.1 In section 30(1), in the definition of "disciplinary action", for "$50 000" substitute "an amount that is 500 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004". 12.2 In section 38(2)(d), for "$5 000 000" substitute "an amount 25 that is 50 000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004". 12.3 In section 66(1A), in the definition of "disciplinary action", for "$5 000 000" substitute "an amount that is 50 000 times 30 the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004". 13. Gas Industry Act 2001 13.1 In section 91(1), for "$10 000 000" substitute "an amount that is 100 000 times the value of a penalty unit fixed by the 35 Treasurer under section 5(3) of the Monetary Units Act 2004". 13.2 In section 222, for "$500" substitute "5 penalty units". 14 551150B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Monetary Units Act 2004 Sch. 1 Act No. 13.3 In section 236(3), for "$100 000" substitute "an amount that is 1000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act Victorian Legislation and Parliamentary Documents 2004". 5 14. Land Act 1958 14.1 In section 31(3)-- (a) after "Act" (where second occurring) insert "and liable to a penalty not exceeding 25 penalty units or imprisonment not exceeding 3 months"; 10 (b) the penalty at the foot of the sub-section is repealed. 14.2 In section 35-- (a) for "$50" substitute "05 penalty unit"; (b) for "$400" substitute "4 penalty units". 14.3 In section 105, for "$40" substitute "04 penalty unit". 15 14.4 In section 144(2) for "$10" substitute "01 penalty unit". 14.5 In section 145, for "$10" substitute "01 penalty unit". 14.6 In section 182(1)(e) for "$40" substitute "4 fee units". 14.7 In section 187-- (a) for "$50" substitute "05 penalty unit"; 20 (b) for "$400" substitute "4 penalty units". 14.8 In section 188-- (a) for "$50" substitute "05 penalty unit"; (b) for "$100" substitute "1 penalty unit"; (c) for "$200" substitute "2 penalty units". 25 14.9 In section 190, for "$200" substitute "2 penalty units". 14.10 In section 191, for "$200" substitute "2 penalty units". 14.11 In section 199(2), for "$200" substitute "2 penalty units". 14.12 In section 212(2), for "$40" substitute "04 penalty unit". 14.13 In section 215(2), for "$40" substitute "04 penalty unit". 30 14.14 In section 409, for "$20" substitute "02 penalty unit". 14.15 In section 413(2), for "$20" substitute "02 penalty unit". 15 551150B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Monetary Units Act 2004 Sch. 1 Act No. 15. Landlord and Tenant Act 1958 15.1 In section 32B(1) and (2), for "$100" substitute "1 penalty Victorian Legislation and Parliamentary Documents unit". 15.2 In section 117(2), for "$1,000" substitute "10 penalty 5 units". 15.3 In section 118(2), for "$20" substitute "02 penalty unit". 16. Lotteries Gaming and Betting Act 1966 In section 61(2), for "$50" substitute "05 penalty unit". 17. Maintenance Act 1965 10 In section 40(3), for "$200" substitute "2 penalty units". 18. Marine Act 1988 18.1 In section 26J(2)(c), for "$135" substitute "135 fee units". 18.2 In section 26M(2)(c), for "$90" substitute "9 fee units". 18.3 In section 26O(5), for "$20" substitute "2 fee units". 15 19. Mines Act 1958 In section 386(3)(b), for "$50" substitute "5 fee units". 20. Police Assistance Compensation Act 1968 In section 6, for "$500" substitute "5 penalty units". 21. Police Regulation Act 1958 20 21.1 In section 52(1), for "$50" substitute "05 penalty unit". 21.2 In section 116, for "$40" substitute "04 penalty unit". 22. Private Agents Act 1966 22.1 In the first penalty at the foot of section 6, for "$500" substitute "5 penalty units". 25 22.2 In the further penalty at the foot of section 6, for "$10" substitute "01 penalty unit". 22.3 In the penalty at the foot of section 34(1), for "$500" substitute "5 penalty units". 22.4 In the penalty at the foot of section 34(3), for "$500" 30 substitute "5 penalty units". 16 551150B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Monetary Units Act 2004 Sch. 1 Act No. 23. Public Lotteries Act 2000 23.1 In section 19(3), for "$100" substitute "10 fee units" Victorian Legislation and Parliamentary Documents 23.2 In section 45(1)(b), for "$500 000" substitute "an amount that is 5000 times the value of a penalty unit fixed by the 5 Treasurer under section 5(3) of the Monetary Units Act 2004". 24. Public Notaries Act 2001 In section 5(3), for "$285" substitute "29 fee units". 25. Road Safety Act 1986 10 In section 87(3A) for "$100" substitute "1 penalty unit". 26. Second-Hand Dealers and Pawnbrokers Act 1989 26.1 In section 8B(3), for "$150" substitute "15 fee units". 26.2 In section 10A(3)(b), for "$150" substitute "15 fee units". 26.3 In section 11AA(1), for "$400" substitute "40 fee units". 15 26.4 In section 11A(4), for "$20" substitute "2 fee units". 26.5 In section 18B(1)(b), for $5000" substitute "an amount that is 50 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004". 27. Sentencing Act 1991 20 27.1 In section 47(5)-- (a) for "$100" (where first occurring) substitute "penalty unit"; (b) for "$100" (where second occurring) substitute "a penalty unit". 25 27.2 In section 55(1)(d), for "$10 000" (where twice occurring) substitute "an amount equivalent to the value of 100 penalty units". 27.3 In section 62(1), for "$10 000" substitute "an amount equivalent to the value of 100 penalty units". 30 27.4 In section 62(7)(b), for "$10 000" substitute "an amount equivalent to the value of 100 penalty units". 27.5 In section 62(10AA), for "$10 000" substitute "an amount equivalent to the value of 100 penalty units". 17 551150B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Monetary Units Act 2004 Sch. 1 Act No. 27.6. In section 63-- (a) in sub-section (1)-- Victorian Legislation and Parliamentary Documents (i) for "$100" (where first occurring) substitute "penalty unit"; 5 (ii) for "$100" (where second occurring) substitute "a penalty unit; (b) in sub-section (2)-- (i) for "$20" (where twice occurring) substitute "02 penalty unit"; 10 (ii) for "$10 000" substitute "an amount equivalent to the value of 100 penalty units". 27.7 In section 63(4)-- (a) for "$100 of that amount" (where first occurring) substitute "an amount equivalent to the value of 15 1 penalty unit"; . (b) for "$100 of that amount" (where second occurring) substitute "amount equivalent to the value of 1 penalty unit". 28. Shrine of Remembrance Act 1978 20 28.1 In section 5(1)-- (a) after "offence" insert "and liable to a penalty not exceeding 2 penalty units"; (b) the penalty at the foot of the sub-section is repealed. 28.2 In section 6(3), for "$200" substitute "2 penalty units". 25 28.3 In section 6(4), for "$500" substitute "5 penalty units". 29. Stock (Seller Liability and Declarations) Act 1993 In the Schedule, for "$300" (wherever occurring) substitute "3 penalty units". 30. Summary Offences Act 1966 30 In section 10(4), for "$500" substitute "5 penalty units". 31. Survey Co-ordination Act 1958 In section 16-- (a) for "$10" substitute "01 penalty unit; (b) for "$100" substitute "1 penalty unit". 18 551150B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Monetary Units Act 2004 Sch. 1 Act No. 32. Unlawful Assemblies and Processions Act 1958 32.1 In section 14, for "$10" (where twice occurring) substitute Victorian Legislation and Parliamentary Documents "01 penalty unit". 32.2 In section 17, for "$40" substitute "04 penalty unit". 5 32.3 In section 20, for "$10" substitute "01 penalty unit". 33. Valuation of Land Act 1960 33.1 In section 3A(2)-- (a) after "Act" insert "and liable to a penalty not exceeding 2 penalty units"; 10 (b) the penalty at the foot of the sub-section is repealed. 33.2 In section 3A(4)-- (a) after "Act" insert "and liable to a penalty not exceeding 4 penalty units"; (b) the penalty at the foot of the sub-section is repealed. 15 33.3 In section 3A(5)-- (a) after "Act" insert "and liable to a penalty not exceeding 10 penalty units or imprisonment not exceeding 12 months or both"; (b) the penalty at the foot of the sub-section is repealed. 20 34. Victorian Civil and Administrative Tribunal Act 1998 34.1 In section 137(5)(a), for "$100 000" substitute "an amount that is 1000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004". 25 34.2 In section 137(5)(b), for "$500 000" substitute "an amount that is 5000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004". __________________ 19 551150B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Monetary Units Act 2004 Sch. 2 Act No. SCHEDULE 2 Victorian Legislation and Parliamentary Documents Section 16 PENALTIES TO REMAIN IN DOLLARS 1. Petroleum (Submerged Lands) Act 1982 1.1 In section 19(1) in the penalty at the foot of the sub- 5 section-- (a) for "330 penalty units" substitute "$33 000"; (b) for "1650 penalty units" substitute "$165 000". 1.2 In sections 34(1) and 38J(1)-- (a) for "110 penalty units" substitute "$11 000"; 10 (b) for "550 penalty units" substitute "$55 000". 1.3 In sections 39 and 59A, in the penalty at the foot of the section-- (a) for "330 penalty units" substitute "$33 000"; (b) for "1650 penalty units" substitute "$165 000". 15 1.4 In sections 60(1), 60(4), 60(5), 72(2) and 74(1), in the penalty at the foot of the sub-section-- (a) for "330 penalty units" substitute "$33 000"; (b) for "1650 penalty units" substitute "$165 000". 1.5 In section 82(1), in the penalty at the foot of the sub- 20 section-- (a) for "110 penalty units" substitute "$11 000"; (b) for "550 penalty units" substitute "$55 000". 1.6 In sections 84(2), 85(2) and 90, in the penalty at the foot of the sub-section-- 25 (a) for "55 penalty units" substitute "$5500"; (b) for "275 penalty units" substitute "$27 500". 1.7 In sections 96(3), 97(7), 98(2) and 98(3), in the penalty at the foot of the sub-section-- (a) for "110 penalty units" substitute "$11 000"; 30 (b) for "550 penalty units" substitute "$55 000". 20 551150B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Monetary Units Act 2004 Sch. 2 Act No. 1.8 In section 101(2A), (2B) and (2C), in the penalty at the foot of the sub-section-- Victorian Legislation and Parliamentary Documents (a) for "55 penalty units" substitute "$5500"; (b) for "275 penalty units" substitute "$27 500". 5 1.9 In section 101(7)-- (a) after "offence" insert "and liable to a penalty not exceeding $11 000, in the case of a natural person and not exceeding $55 000, in the case of a body corporate"; 10 (b) the penalty at the foot of the sub-section is repealed. 1.10 In sections 107(3), 111(9) and 112(10), in the penalty at the foot of the sub-section-- (a) for "110 penalty units" substitute "$11 000"; (b) for "550 penalty units" substitute "$55 000". 15 1.11 In section 112(11), in the penalty at the foot of the sub- section-- (a) for "55 penalty units" substitute "$5500"; (b) for "275 penalty units" substitute "$27 500". 1.12 In section 117, in the penalty at the foot of the section-- 20 (a) for "110 penalty units" substitute "$11 000"; (b) for "550 penalty units" substitute "$55 000". 1.13 In section 119(3)-- (a) for "660 penalty units" substitute "$66 000"; (b) for "3300 penalty units" substitute "$330 000". 25 1.14 In section 120, in the penalty at the foot of the section-- (a) for "110 penalty units" substitute "$11 000"; (b) for "550 penalty units" substitute "$55 000". 1.15 In section 122(2), in the penalty at the foot of the sub- section-- 30 (a) for "110 penalty units" substitute "$11 000"; (b) for "550 penalty units" substitute "$55 000". 21 551150B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Monetary Units Act 2004 Sch. 2 Act No. 1.16 In section 124, in the penalty at the foot of the section-- (a) for "110 penalty units" substitute "$11 000"; Victorian Legislation and Parliamentary Documents (b) for "550 penalty units" substitute "$55 000". 1.17 In section 124A(1), in the penalty at the foot of the sub- 5 section-- (a) for "660 penalty units" substitute "$66 000"; (b) for "3300 penalty units" substitute "$330 000". 1.18 In section 125(3), in the penalty at the foot of the sub- section for "5½ penalty units" substitute "$550". 10 1.19 In section 126(3), in the penalty at the foot of the sub- section for "55 penalty units" substitute "$55 000". 1.20 In section 131(3) for "110 penalty units" substitute "$11 000". 1.21 In section 151E(2)-- 15 (a) for "55 penalty units" substitute "$5500"; (b) for "275 penalty units" substitute "$27 500". 1.22 In section 152(4)(a)-- (a) for "110 penalty units" substitute "$11 000"; (b) for "550 penalty units" substitute "$55 000". 22 551150B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Monetary Units Act 2004 Endnotes Act No. ENDNOTES Victorian Legislation and Parliamentary Documents By Authority. Government Printer for the State of Victoria. 23 551150B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

Monetary Units Act 2004 Act No. INDEX Subject Section Victorian Legislation and Parliamentary Documents Act amendments to other Acts 1316, Sch. 1, Sch. 2 commencement 2 purpose 1 Annual rate fixing of 5 Subordinate Legislation Act 1994 does not apply 12 transitional provisions 11 3 Definitions Fee units calculation of value of 5 meaning 4 notice of value for next financial year 6 regulations to convert references to 9 Subordinate Legislation Act 1994 does not apply 12 transitional provisions for 20042005 11 Fees calculation 7 construction of provisions in Acts for prescribing, fixing, charging in statutory rules 8 conversion of references to in Acts 15, Sch. 1 definition 3 notice of monetary amounts of 10 regulations to convert references to, increase 9 10 Ministers Penalties calculation 7 construction of provisions in Acts for prescribing in statutory rules 8 conversion of references to in Acts 15, Sch. 1 definition 3 notice of monetary amounts of 10 regulations to convert references to 9 Penalty units calculation of value of 5 definition 3 notice of value for next financial year 6 regulations to convert references to 9 Subordinate Legislation Act 1994 does not apply 12 transitional provisions for 20042005 11 16, Sch. 2 Petroleum (Submerged Lands) Act 1982 9 Regulations 13, Sch. 1 Sentencing Act 1991 Subordinate Legislation Act 1994 matters, regulations to which it does not apply 9, 12 Treasurer certificates for purposes of regulations 9 fixing of fee units, penalty units, annual rate 5 notice of value of fee units, penalty units 6 24 551150B.I1-5/3/2004 BILL LA CIRCULATION 5/3/2004

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