Crimes (Amount of Penalty Unit) Instrument 2023
I, Mark Dreyfus KC, Attorney‑General, make the following instrument.
Dated 28 June 2023
Mark Dreyfus KC
Attorney‑General
Contents
1 Name
2 Commencement
3 Authority
4 Definitions
5 Amount of penalty unit
1 Name
This instrument is the Crimes (Amount of Penalty Unit) Instrument 2023.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | 1 July 2023. | 1 July 2023 |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under subsection 4AA(1A) of the Crimes Act 1914.
4 Definitions
In this instrument:
Act means the Crimes Act 1914.
5 Amount of penalty unit
The amount of a penalty unit is $313.
Note 1: This amount is the result of indexation under subsection 4AA(3) of the Act.
Note 2: Subsection 4AA(8) of the Act has the effect that the indexed amount will only apply to offences committed on or after 1 July 2023.
Overview
The Crimes (Amount of Penalty Unit) Instrument 2023, enacted on 28 June 2023 by Mark Dreyfus KC, the Attorney-General, updates the penalty unit amount for offences under the Crimes Act 1914. This instrument, which commenced on 1 July 2023, was made under subsection 4AA(1A) of the Act and serves to align the penalty unit with inflation, ensuring that penalties remain relevant and effective. The policy objective of this legislation is to adjust the penalty unit to reflect current economic conditions, maintaining the deterrent effect of penalties as intended by the original legislation. The new penalty unit amount is set at $313, following indexation under subsection 4AA(3) of the Act, and will apply to offences committed on or after 1 July 2023, as stipulated by subsection 4AA(8).
Scope and Application
The Crimes (Amount of Penalty Unit) Instrument 2023 applies to the entire Commonwealth of Australia and pertains to the amount of penalty units specified for the purposes of fines and penalties under the Crimes Act 1914. This legislative instrument sets the penalty unit at $313, effective from 1 July 2023, and is applicable to all criminal offences committed on or after this date. The penalty unit serves as a benchmark for determining fines and other monetary penalties for various criminal offences across all states and territories within Australia. The instrument is made under the authority of subsection 4AA(1A) of the Crimes Act 1914 and the amount is the result of an indexation process outlined in subsection 4AA(3) of the Act. Notably, the indexed amount will only apply to offences committed on or after 1 July 2023, as per subsection 4AA(8) of the Act. The instrument does not specify any exclusions, exemptions, or thresholds beyond the date of effect and the monetary value of the penalty unit.
Key Provisions
The Crimes (Amount of Penalty Unit) Instrument 2023 (sections 1-5) specifies the amount of a penalty unit, which is set at $313. This amount is effective for offences committed on or after 1 July 2023, as detailed in section 2 and section 5. The instrument is made under subsection 4AA(1A) of the Crimes Act 1914, and it is defined in section 4.
The primary obligation under this legislation is to ensure that the penalty unit amount is accurately determined and applied in accordance with the Crimes Act 1914. This requirement applies to all parties and entities governed by the Crimes Act, including courts, law enforcement agencies, and individuals subject to penalties under the Act.
Failure to comply with the provisions of this instrument could potentially result in legal consequences, although specific offences, penalties, or consequences are not explicitly detailed within the text provided. The instrument states that the indexed amount of $313 will apply to offences committed on or after 1 July 2023, as noted in subsection 4AA(8) of the Crimes Act 1914.
However, the text does not provide explicit details regarding any civil or criminal penalties for non-compliance. The Crimes Act 1914, under which this instrument is made, would likely detail the penalties for non-compliance, which could include fines or other sanctions.
In conclusion, the Crimes (Amount of Penalty Unit) Instrument 2023 sets a specific amount for a penalty unit to be used in the application of the Crimes Act 1914, effective from 1 July 2023. It imposes a clear requirement on all relevant parties to use this amount in their dealings with the Act, ensuring consistency and fairness in the application of penalties.