Penalty unit

Last updated

Penalty units note in reg 256 of ROAD RULES 2014, New South Wales, Australia. Penalty units in reg 256.png
Penalty units note in reg 256 of ROAD RULES 2014, New South Wales, Australia.

A penalty unit (PU) is a standard amount of money used to compute penalties for many breaches of law in Australia at both the federal, and state and territory level. Fines are calculated by multiplying the value of a penalty unit by the number of units prescribed for the offence. For example, if a crime was committed in New South Wales worth 100 units, the fine would be 100 × $110 = $11,000.

Contents

Prior to the introduction of penalty units, fines and other charges were usually prescribed in terms of ordinary money. However, the effects of inflation meant that originally substantial penalties eventually lost their worth. Frequent amendment of the many laws and regulations dealing with pecuniary penalties would be a very time-consuming process. Penalty units provide a quick and simple way to adjust many different fees and charges.

Values

The different jurisdictions that make up Australia each set their own value of a penalty unit. The value as well as the manner and frequency of adjusting that value differ between jurisdictions.

JurisdictionPenalty unit valueLast updatedAutomatic indexation mechanism
FederalA$313.00 [1] 1 July 2023
Victoria A$197.59 [3] 1 July 2024
New South Wales A$110.00 [4] 8 December 1999
Queensland A$161.30 [6] 1 July 2024
Tasmania A$202.00 [7] 1 July 2024
Northern Territory A$185.00 [8] 1 July 2024
Australian Capital Territory A$160.00 (individual) [9] 8 November 2018Every four years. [9]
A$810.00 (companies) [9]
Western Australia Various
South Australia Not applicable

See also

Related Research Articles

In the terminology of law, an assault is the act of causing physical harm or unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Additionally, assault is a criminal act in which a person intentionally causes fear of physical harm or offensive contact to another person. Assault can be committed with or without a weapon and can range from physical violence to threats of violence. Assault is frequently referred to as an attempt to commit battery, which is the deliberate use of physical force against another person. The deliberate inflicting of fear, apprehension, or terror is another definition of assault that can be found in several legal systems. Depending on the severity of the offense, assault may result in a fine, imprisonment, or even death.

Perjury is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding.

Life imprisonment is any sentence of imprisonment for a crime under which the convicted criminal is to remain in prison for the rest of their natural life. Crimes that result in life imprisonment are considered extremely serious and usually violent. Examples of these crimes are murder, torture, terrorism, child abuse resulting in death, rape, espionage, treason, illegal drug trade, human trafficking, severe fraud and financial crimes, aggravated property damage, arson, hate crime, kidnapping, burglary, robbery, theft, piracy, aircraft hijacking, and genocide.

<span class="mw-page-title-main">Indecent exposure</span> Public indecency involving nudity

Indecent exposure is the deliberate public exposure by a person of a portion of their body in a manner contrary to local standards of appropriate behavior. Laws and social attitudes regarding indecent exposure vary significantly in different countries. It ranges from outright prohibition of the exposure of any body parts other than the hands or face to prohibition of exposure of certain body parts, such as the genital area, buttocks or breasts.

An ex post facto law is a law that retroactively changes the legal consequences of actions that were committed, or relationships that existed, before the enactment of the law. In criminal law, it may criminalize actions that were legal when committed; it may aggravate a crime by bringing it into a more severe category than it was in when it was committed; it may change the punishment prescribed for a crime, as by adding new penalties or extending sentences; it may extend the statute of limitations; or it may alter the rules of evidence in order to make conviction for a crime likelier than it would have been when the deed was committed.

<span class="mw-page-title-main">Law enforcement in Australia</span> Overview of law enforcement in Australia

Law enforcement in Australia is one of the three major components of the country's justice system, along with courts and corrections. Law enforcement officers are employed by all three levels of government – federal, state/territory, and local.

Mandatory sentencing requires that offenders serve a predefined term of imprisonment for certain crimes, commonly serious or violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judicial system. They are instituted to expedite the sentencing process and limit the possibility of irregularity of outcomes due to judicial discretion. Mandatory sentences are typically given to people who are convicted of certain serious and/or violent crimes, and require a prison sentence. Mandatory sentencing laws vary across nations; they are more prevalent in common law jurisdictions because civil law jurisdictions usually prescribe minimum and maximum sentences for every type of crime in explicit laws.

A hoon is an Australian and New Zealand term describing a person who deliberately drives a vehicle in a reckless or dangerous manner, generally in order to provoke a reaction from onlookers.

Public intoxication, also known as "drunk and disorderly" and "drunk in public", is a summary offense in some countries rated to public cases or displays of drunkenness. Public intoxication laws vary widely by jurisdiction, but usually require an obvious display of intoxicated incompetence or behavior which disrupts public order before the charge is levied.

The standard scale is a system in Commonwealth law whereby financial criminal penalties (fines) in legislation have maximum levels set against a standard scale. Then, when inflation makes it necessary to increase the levels of the fines the legislators need to modify only the scale rather than every individual piece of legislation.

Section 91(27) of the Constitution Act, 1867, also known as the criminal law power, grants the Parliament of Canada the authority to legislate on:

27. The Criminal Law, except the Constitution of Courts of Criminal Jurisdiction, but including the Procedure in Criminal Matters.

<span class="mw-page-title-main">Wild Life (Protection) Act, 1972</span> Act of the Parliament of India

The Wild Life (Protection) Act, 1972 is an Act of the Parliament of India enacted for the protection of plants and animal species. Before 1972, India had only five designated national parks. Among other reforms, the Act established scheduled protected plant and hunting certain animal species or harvesting these species was largely outlawed. The Act provides for the protection of wild animals, birds and plants; and for matters connected or incidental thereto. It extends to the whole of India.

Capital punishment in Malaysia is used as a penalty within it's legal system for various crimes. There are currently 27 capital crimes in Malaysia, including murder, drug trafficking, treason, acts of terrorism, waging war against the Yang di-Pertuan Agong, and, since 2003, rape resulting in death, or the rape of a child. Executions are carried out by hanging. Capital punishment was mandatory for 11 crimes for many years. In October 2018, the government imposed a moratorium on all executions with a view to repeal the death penalty altogether, before it changed its stance and agreed to keep the death penalty but would make it discretionary.

<span class="mw-page-title-main">Crimes Act 1961</span> Act of Parliament in New Zealand

The Crimes Act 1961 is an act of New Zealand Parliament that forms a leading part of the criminal law in New Zealand. It repeals the Crimes Act 1908, itself a successor of the Criminal Code Act 1893. Most crimes in New Zealand are created by the Crimes Act, but some are created elsewhere. All common law offences are abolished by section 9, as are all offences against acts of the British Parliaments, but section 20 saves the old common law defences where they are not specifically altered.

Blasphemy is not a criminal offence under Australian federal law, but the de jure situation varies at state and territory level; it is currently not enforced in any Australian jurisdiction. The offences of blasphemy and blasphemous libel in English common law were carried over to the Australian colonies and "received" into state law following Federation in 1901. The common-law offences have been abolished totally in Queensland and Western Australia, when those jurisdictions adopted criminal codes that superseded the common law. In South Australia, Victoria, and the Northern Territory the situation is ambiguous, as the local criminal codes do not mention blasphemy but also did not specifically abolish the common-law offences. In New South Wales and Tasmania, the criminal codes do include an offence of blasphemy or blasphemous libel, but the relevant sections are not enforced and generally regarded as obsolete.

<span class="mw-page-title-main">Cannabis in Australia</span>

Cannabis is a plant used in Australia for recreational, medicinal and industrial purposes. In 2022–23, 41% of Australians over the age of fourteen years had used cannabis in their lifetime and 11.5% had used cannabis in the last 12 months.

<span class="mw-page-title-main">Hit and run</span> Failing to stop after causing or contributing to a traffic collision

In traffic laws, a hit and run or a hit-and-run is the criminal act of causing a traffic collision and not stopping afterwards. It is considered a supplemental crime in most jurisdictions.

Capital punishment is no longer a legal punishment in the Independent State of Papua New Guinea.

Revenge porn is the distribution of sexually explicit images or videos of individuals without their consent, with the punitive intention to create public humiliation or character assassination out of revenge against the victim. The material may have been made by an ex-partner from an intimate relationship with the knowledge and consent of the subject at the time, or it may have been made without their knowledge. The subject may have experienced sexual violence during the recording of the material, in some cases facilitated by psychoactive chemicals such as date rape drugs which also cause a reduced sense of pain and involvement in the sexual act, dissociative effects and amnesia.

In the Australian legal system, a good behaviour bond is a type of non-custodial sentence which involves the condition of the offender's "good behaviour" for a set period. The condition of "good behaviour" primarily requires the offender to obey the law, but may also include additional probation officer supervision, mandatory medical treatment or participation in rehabilitation, counselling and intervention programs. These imposed conditions are determined by state legislation and at the magistrate's discretion. A good behaviour bond may be established with or without a recorded legal conviction for the offence. The specific conditions which constitute a good behaviour bond, as well as the consequences for breaching them, vary under each Australian state or territory's legislation, but overall are used most commonly for first-time and juvenile offenders.

References

  1. "Crimes (Amount of Penalty Unit) Instrument 2023". Federal Register of Legislation (Australia). 28 June 2023. Retrieved 1 November 2023.
  2. "Crimes Act 1914 (Cth), section 4AA (Penalty units)". Federal Register of Legislation (Australia). 6 October 2023. Retrieved 1 November 2023.
  3. 1 2 "Penalties and values". Department of Justice and Community Safety Victoria. Retrieved 21 July 2024.
  4. "Crimes (Sentencing Procedure) Act 1999 No 92, section 17 (Penalty units)". NSW Legislation. 26 September 2019. Retrieved 11 July 2020.
  5. "Crimes (Sentencing Procedure) Act 1999 No 92, section 17 (Penalty units)". NSW Legislation. 8 December 1999. Retrieved 11 July 2020.
  6. 1 2 "Sentencing fines and penalties for offences". Queensland Government. 5 July 2018. Retrieved 21 August 2023.
  7. 1 2 "Value of Indexed Amounts in Legislation". Department of Justice (Tasmania). Retrieved 21 July 2024.
  8. 1 2 "Penalty units". Department of the Attorney-General and Justice (Northern Territory). 5 July 2021. Retrieved 21 July 2024.
  9. 1 2 3 Legislation Act 2001 (ACT) s 133
  10. 1 2 McKay, Daniel (28 March 2017). "Crimes Amendment (Penalty Unit) Bill 2017". Parliament of Australia. Retrieved 11 July 2020.
  11. "Driving offences (speeding, alcohol and traffic)". Department of Transport (Western Australia). 13 June 2019. Retrieved 11 July 2020.
  12. "Acts Interpretation Act 1915, section 28A (Standard scales for penalties and expiation fees)" (PDF). South Australian Legislation. 3 October 2017. Retrieved 11 July 2020.
  13. "Divisional penalties and fees". Attorney-General's Department (South Australia). Retrieved 11 July 2020.