Penalty Units Act Amendment Act 1988 (Qld)

568 ANNO TRICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE N o. 50 of 1983 An Act to amend the PenaltyUnits Act1985 in certain particulars [ASSENTED TO 12TH MAY, 1988]

Penalty Units Act Amendment Act 1988, No. 50 569 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short Title . This Act may be cited as the Penalty Units Act Amendment Act 1988. 2. Citation . (1) In this Act the Penalty Units Act 1985 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Penalty Units Act 1985-1988. 3. Amendment of s. 3. Interpretation . Section 3 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the definition "monetary penalty"; (ii) omitting the definition "offence" and substituting the following definition:- 1114 offence" means any contravention of or failure to comply with a provision of any Act, Order in Council, regulation, rule, ordinance or by-law or other instrument of a regulatory nature made under the authority of an Act and includes a breach of statutory duty;" (iii) omitting the definition "penalty" and substituting the following definition:- " "penalty" means a penalty that is payable in respect of an offence and is recoverable by proceedings before a court;"; (iv) adding after the definition "penalty" the following definition- " "regulation or rule" means a regulation or rule made or approved by the Governor in Council under any Act.". (b) omitting subsections (2) and (3) and substituting the following subsection:- "(2) In this Act reference to a provision for a penalty or for a liability other than a penalty does not include reference to- (a) provision for compensation or restitution to be paid upon the happening of any event; or (b) provision for the making of an order by a court or other tribunal that requires the payment of compensation or restitution." 19

570 Penalty Units Act Amendment Act 1988, No. 50 4. Repeal of and new s. 4. The Principal Act is amended by repealing section 4 and substituting the following section:- "4. Expression of monetary penalties . (1) Where provision is to be made- (a) in any Act, for a monetary penalty or for a maximum monetary penalty that may be prescribed under the Act; or (b) in any Order in Council, regulation or rule for a monetary penalty, the penalty shall be expressed in terms of a whole number of penalty units, except where the penalty is to be less than the value of one penalty unit. (2) Subsection (1) does not apply to making provision in or under an Act for a monetary penalty that is to be calculated by reference to some specified criterion.". 5. Repeal of and new s . 5. The Principal Act is amended by repealing section 5 and substituting the following section:- "5. Monetary penalties deemed to be expressed in penalty units . (1) Where provision made before the commencement of this Act exists- (a) in any Act, for a penalty or for a maximum penalty that may be prescribed under the Act; or (b) in any Order in Council , regulation or rule for a penalty, expressed in terms of money, then , subject to subsections (3) and (4 ), the provision shall be construed as prescribing the penalty in terms of a number of penalty units equal to the quotient obtained by dividing the amount of money so expressed by 50. (2) If provision is made after the commencement of this Act- (a) in any Act, for a penalty or for a maximum penalty that may be prescribed under the Act; or (b) in any Order in Council, regulation or rule for a penalty, expressed in terms of money, then, subject to subsections (3) and (4), the provision shall be construed as prescribing the penalty in terms of a number of penalty units equal to the quotient obtained by dividing the amount of money so expressed by the numeral being the value in dollars of one penalty unit prescribed by this Act at the time the Act is enacted or, as the case may be, the Order in Council or regulation or rule takes effect. (3) Where the quotient referred to in subsection (1) or (2) includes a fraction, the provision in question shall be construed

Penalty Units Act Amendment Act 1988, No. 50 571 to prescribe the penalty in terms of the next greater whole number of penalty units. (4) Neither subsection (1) nor (2) applies to a provision for a. penalty or maximum penalty that is a monetary penalty referred to in section 4 (2) expressed in terms of money.". 6. Repeal of and new s . 6. The Principal Act is amended by repealing section 6 and substituting the following section:- "6. Interpretation of provision for penalty or other liability in certain cases. (1) A provision- (a) in any Act, for a penalty or for a maximum penalty that may be prescribed under the Act; (b) in any Order in Council, regulation or rule, ordinance or by-law for a penalty; or (c) in any Act, Order in Council, regulation or rule, ordinance or by-law for incurring a liability other than a penalty, expressed in terms of penalty units (including a provision construed pursuant to section 5 to be so expressed) shall be construed as providing and to have always provided for the penalty or liability in terms of penalty units of which the value is prescribed by this Act unless, in the case of an ordinance, by- law or rule, a contrary intention appears therein. (2) Where a provision of any Act, Order in Council, regulation or rule prescribes a minimum penalty and a maximum penalty expressed in terms of money in respect of an offence and upon the application of section 5 to that provision both penalties are construed as one penalty unit then the provision shall be read and construed as if it provided only for the maximum penalty. (3) Subject to subsection (2), where a provision of any Act, Order in Council, regulation or rule- (a) prescribes a minimum penalty and a maximum penalty in respect of an offence; or (b) prescribes a single penalty in respect of a first offence and a greater single penalty in respect of a second or subsequent offence or is to be read and construed (pursuant to subsection (2)) as if it is so prescribed, expressed in any case in terms of money, and upon the application of section 5 to that provision those penalties are construed as the same number of penalty units, the greater of those penalties shall be construed in each case as the next greater whole number of penalty units.".

572 Penalty Units Act Amendment Act 1988, No. 50 7. Repeal of ss. 7 and 8 and new s. 7. The Principal Act is amended by repealing sections 7 and 8 and substituting the following section:- " 7. Penalties and liabilities to be calculated in money terms. (1) An order that requires a person to pay a monetary penalty or a monetary liability shall be expressed in terms of money being, in the case of a penalty expressed or construed pursuant to section 5 as expressed in terms of penalty units or in the case of a liability expressed in terms of penalty units, the product of multiplying a number of penalty units by the value of one penalty unit as prescribed by this Act at the time the penalty or liability was incurred. (2) A notice issued under the authority of any Act or regulation to inform a person that in respect of an offence a prescribed sum may be paid, by way of penalty, in lieu of the matter being dealt with by a court shall express the sum in terms of money.". 8. Amendment of s. 9. Value of penalty unit . Section 9 of the Principal Act is amended by omitting the numeral "50" and substituting the numeral "60".