Penalty Units and Other Penalties Amendment Act 2015 (TAS)

Penalty Units and Other Penalties Amendment Act 2015

An Act to amend the Penalty Units and Other Penalties Act 1987

[Royal Assent 19 May 2015]

Be it enacted by Her 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:

1Short titleThis Act may be cited as the Penalty Units and Other Penalties Amendment Act 2015 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Penalty Units and Other Penalties Act 1987 is referred to as the Principal Act. 4Section 4 amended (Penalty units) Section 4 of the Principal Act is amended by omitting "$120, or such other amount as is specified in an order under section 4A(3) ," and substituting "the amount specified in the most recent notice published under section 4A(4) ". 5Section 4A substituted Section 4A of the Principal Act is repealed and the following section is substituted: 4AIndexation of penalty units (1)  The value of a penalty unit for the financial year commencing on 1 July 2015 is $154. (2)  The value of a penalty unit for the financial year commencing on 1 July 2016, and for each subsequent financial year, is to be calculated in accordance with the following formula and rounded off in accordance with subsection (3) : where – A is the value in dollars of a penalty unit for the relevant financial year; B is $154; C is the value of the CPI figure for Hobart for the December quarter immediately preceding the 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 2014 (as published with the CPI figure for Hobart for the March quarter immediately preceding the financial year in which the value of the penalty unit is to apply). (3)  If the amount calculated in accordance with the formula specified in subsection (2) is an amount which is dollars and a number of cents, the amount is to be rounded up to the nearest whole dollar. (4)  On or before 1 June in each year, the Minister is to publish in the Gazette notice of the value of a penalty unit that is to apply for the financial year commencing on 1 July in that year. (5)  An increase in the value of a penalty unit is of no effect unless notice of the value of the penalty unit is published under subsection (4) . (6)  A notice under subsection (4) is not a statutory rule within the meaning of the Rules Publication Act 1953 . (7)  If, for a financial year, the value of a penalty unit calculated in accordance with the formula specified in subsection (2) results in a reduction in that value – (a) the reduction is of no effect; and (b) the notice published under subsection (4) is to specify that the value of a penalty unit for that financial year is to be the same as in the previous financial year. (8)  For the avoidance of doubt, nothing in the Penalty Units and Other Penalties Amendment Act 2015 affects the validity of the value of a penalty unit calculated before the commencement of that Act. (9)  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. 6Section 7A insertedAfter section 7 of the Principal Act , the following section is inserted: 7ATransitional provisions consequent on Penalty Units and Other Penalties Amendment Act 2015 (1)  In this section – amending Act means the Penalty Units and Other Penalties Amendment Act 2015 ; 2015 financial year means the financial year commencing on 1 July 2015. (2)  On and after the day on which the amending Act commences, the Penalty Units and Other Penalties Order 2014  – (a) is taken to be a notice published under section 4A(4) ; and (b) remains in effect until a subsequent notice is published under that section. (3)  Despite section 4A(4) and (5) , if the amending Act commences on or after 1 June 2015 – (a) the Minister is to publish in the Gazette notice of the value of a penalty unit for such period of the 2015 financial year as remains after the commencement of that Act; and (b) the value of a penalty unit as specified in that notice takes effect 28 days after that notice is published under paragraph (a) . 7Repeal of ActThis Act is repealed on the three hundred and sixty fifth day from the day on which it commences.

[Second reading presentation speech made in:

House of Assembly on 23 APRIL 2015

Legislative Council on 30 APRIL 2015]