SENTENCING ACT 1991 - SECT 109
Penalty scale
SENTENCING ACT 1991 - SECT 109
Penalty scale
(1) An offence that is described in an Act,
subordinate instrument or local law as being an offence of a level specified
in column 1 of Table 1 or as being punishable by imprisonment of a level
specified in that column is, unless the contrary intention appears, punishable
by a term of imprisonment not exceeding that specified opposite it in
column 2 of the Table.
S. 109(1) Table 1 substituted by No. 48/1997 s. 27.
TABLE 1
Column 1 |
Column 2 |
Level |
Maximum Term of Imprisonment |
1 |
Life |
2 |
25 years |
3 |
20 years |
4 |
15 years |
5 |
10 years |
6 |
5 years |
7 |
2 years |
8 |
1 year |
9 |
6 months |
(2) An offence that is described in an Act,
subordinate instrument or local law as being an offence of a level specified
in column 1 of Table 2 or as being punishable by a fine of a level specified
in that column is, unless the contrary intention appears, punishable by a fine
not exceeding that specified opposite it in column 2 of the Table.
S. 109(2) Table 2 substituted by No. 69/1997 s. 12.
TABLE 2
Column 1 |
Column 2 |
Level |
Maximum Fine |
1 |
— |
2 |
3000 penalty units |
3 |
2400 penalty units |
4 |
1800 penalty units |
5 |
1200 penalty units |
6 |
600 penalty units |
7 |
240 penalty units |
8 |
120 penalty units |
9 |
60 penalty units |
10 |
10 penalty units |
11 |
5 penalty units |
12 |
1 penalty unit. |
(3) Subject to subsection (3A), an offence that is
punishable by a term of imprisonment (other than life) is, unless the contrary
intention appears, punishable (in addition to or instead of imprisonment) by a
maximum fine of the number of penalty units that is 10 times more than the
maximum number of months of imprisonment that may be imposed.
(3A) An offence that is punishable by level 2
imprisonment is, unless the contrary intention appears, punishable (in
addition to but not instead of imprisonment) by a level 2 fine if the offender
is not a body corporate.