Penalties and Sentences and Another Regulation Amendment Regulation (No. 1) 2009 (Qld)

Queensland Penalties and Sentences and Another Regulation Amendment Regulation (No. 1) 2009 Subordinate Legislation 2009 No. 77 made under the Penalties and Sentences Act 1992 State Penalties Enforcement Act 1999 Contents Part 1 1 2 Part 2 3 4 5 6 Part 3 7 8 9 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of Penalties and Sentences Regulation 2005 Regulation amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Replacement of s 2A (Value of penalty unit for particular purposes—Act, s 5(1)(b)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2A Value of penalty unit for particular purposes—Act, s 5(1)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of schedule (Prescribed dangerous drugs and prescribed quantities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Insertion of new sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Schedule 2 Makers of local laws—$75 as value of penalty unit Amendment of State Penalties Enforcement Regulation2000 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of s 12 (Infringement notice offences and fines for local law) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of s 27A (Cut-out rate) . . . . . . . . . . . . . . . . . . . . . . . 5

Penalties and Sentences and Another Regulation Amendment Regulation (No. 1) 2009 Contents 10 Amendment of s 30 (Threshold amount) . . . . . . . . . . . . . . . . . . . 6 11 Insertion of new pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Part 7 Transitional provision for Penalties and Sentences and Another Regulation Amendment Regulation (No. 1) 2009 34 Local laws—particular maximum penalties expressed as a monetary value . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Page 2 2009 SL No. 77

Penalties and Sentences and Another Regulation Amendment Regulation (No. 1) 2009 Part 1 Preliminary [s 1] Part 1 Preliminary 1 Short title This regulation may be cited as the Penalties and Sentences and Another Regulation Amendment Regulation (No. 1) 2009 . 2 Commencement This regulation commences on 1 July 2009. Part 2 Amendment of Penalties and Sentences Regulation 2005 3 Regulation amended in pt 2 This part amends the PenaltiesandSentencesRegulation 2005. 4 Replacement of s 2A (Value of penalty unit for particular purposes—Act, s 5(1)(b)) Section 2A— omit, insert— ‘2A Value of penalty unit for particular purposes—Act, s 5(1)(b) ‘(1) The value of a penalty unit for a local law made by a local government mentioned in schedule 2, or an infringement notice under the State Penalties Enforcement Act 1999 for an offence against a local law made by a local government mentioned in schedule 2, is $75. ‘(2) The value of a penalty unit for a local law made by a local government not mentioned in schedule 2, or an infringement notice under the State Penalties Enforcement Act 1999 for an 2009 SL No. 77 Page 3

Penalties and Sentences and Another Regulation Amendment Regulation (No. 1) 2009 Part 2 Amendment of Penalties and Sentences Regulation 2005 [s 5] offence against a local law made by a local government not mentioned in schedule 2, is $100. ‘(3) The value of a penalty unit for a local law made under clause 35 of the agreement made under the AlcanQueenslandPty.Limited Agreement Act 1965 , or an infringement notice under the StatePenaltiesEnforcementAct1999 for an offence against a local law made under that clause, is $100.’. 5 Amendment of schedule (Prescribed dangerous drugs and prescribed quantities) Schedule— number as schedule 1. 6 Insertion of new sch 2 After schedule 1, as numbered— insert— ‘Schedule 2 Makers of local laws—$75 as value of penalty unit section 2A Aurukun Shire Council Burke Shire Council Dalby Regional Council Doomadgee Aboriginal Shire Council Etheridge Shire Council Gold Coast City Council Hope Vale Aboriginal Shire Council Longreach Regional Council Murweh Shire Council Page 4 2009 SL No. 77

Penalties and Sentences and Another Regulation Amendment Regulation (No. 1) 2009 Part 3 Amendment of State Penalties Enforcement Regulation 2000 [s 7] Napranum Aboriginal Shire Council Pormpuraaw Aboriginal Shire Council Quilpie Shire Council Torres Shire Council Torres Strait Island Regional Council Woorabinda Aboriginal Shire Council Wujal Wujal Aboriginal Shire Council Yarrabah Aboriginal Shire Council’. Part 3 Amendment of State Penalties Enforcement Regulation 2000 7 Regulation amended in pt 3 This part amends the StatePenaltiesEnforcementRegulation 2000. 8 Amendment of s 12 (Infringement notice offences and fines for local law) Section 12(2)(b), ‘$37.50’— omit, insert— ‘0.5 penalty units’. 9 Amendment of s 27A (Cut-out rate) Section 27A(1), ‘the amount equalling 1 penalty unit’— omit, insert— ‘$100’. 2009 SL No. 77 Page 5

Penalties and Sentences and Another Regulation Amendment Regulation (No. 1) 2009 Part 3 Amendment of State Penalties Enforcement Regulation 2000 [s 10] 10 Amendment of s 30 (Threshold amount) Section 30, ‘the amount equalling 2 penalty units’— omit, insert— ‘$200’. 11 Insertion of new pt 7 After section 33— insert— ‘Part 7 Transitional provision for Penalties and Sentences and Another Regulation Amendment Regulation (No. 1) 2009 ‘34 Local laws—particular maximum penalties expressed as a monetary value ‘(1) This section applies if— (a) before the commencement, the maximum penalty for an offence against a local law made by a local government not mentioned in the Penalties and Sentences Regulation2005 , schedule 2 was expressed as a monetary value; and (b) on or after the commencement— (i) the maximum penalty for the offence continues to be expressed as the same monetary value; and (ii) a person commits the offence. ‘(2) In working out, under section 12(2), the maximum penalty for the offence as a number of penalty units— (a) section 12(3) does not apply; and Page 6 2009 SL No. 77

Penalties and Sentences and Another Regulation Amendment Regulation (No. 1) 2009 Part 3 Amendment of State Penalties Enforcement Regulation 2000 [s 11] (b) the maximum penalty is the number of penalty units that is equal to the monetary value divided by $75. ‘(3) This section expires on 31 December 2010. ‘(4) In this section— commencement means the commencement of this section.’. ENDNOTES 1 Made by the Governor in Council on 4 June 2009. 2 Notified in the gazette on 5 June 2009. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Justice and Attorney-General. © State of Queensland 2009 2009 SL No. 77 Page 7