{"id":"tas:act-1987-013","name":"Penalty Units and Other Penalties Act 1987","slug":"penalty-units-and-other-penalties-act-1987","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"13 of 1987","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106429,"registerId":"tas-act-1987-013-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Penalty Units and Other Penalties Act 1987](/view/html/inforce/2026-04-12/act-1987-013) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> > (1)  Except as provided in this section and subject to [subsection (3)](#GS2@Gs3@EN) , this Act shall commence on the day on which it receives the Royal Assent.\n> \n> > (2)  [Section 6](#GS6@EN) and [Schedule 2](#JS2@EN) shall be deemed to have commenced on 30th September 1981.\n> \n> > (3)  *\\[Section 2 Subsection (3) amended by No. 46 of 1991, s. 3 and Sched. 1 \\]*Where the day on which this Act receives the Royal Assent is a day before the day fixed by proclamation under [section 2 (2) of the](/view/html/inforce/2026-04-12/act-9999-999#GS2@Gs2@EN) [Police Offences Amendment Act (No. 2) 1985](/view/html/inforce/2026-04-12/act-9999-999) –\n> > \n> > > > (a) [section 7](#GS7@EN) [(1)](#GS7@Gs1@EN) and [Schedule 3](#JS3@EN) shall commence on that first-mentioned day; and\n> > > \n> > > > (b) [section 7](#GS7@EN) [(2)](#GS7@Gs2@EN) and [Schedule 4](#JS4@EN) shall be repealed.\n> \n> > (4)  Where the day on which this Act receives the Royal Assent is a day on or after the day fixed by proclamation under [section 2 (2) of the](/view/html/inforce/2026-04-12/act-9999-999#GS2@Gs2@EN) [Police Offences Amendment Act (No. 2) 1985](/view/html/inforce/2026-04-12/act-9999-999) –\n> > \n> > > > (a) [section 7](#GS7@EN) [(2)](#GS7@Gs2@EN) and [Schedule 4](#JS4@EN) shall commence; and\n> > > \n> > > > (b) [section 7](#GS7@EN) [(1)](#GS7@Gs1@EN) and [Schedule 3](#JS3@EN) shall be repealed –\n> > \n> > on the day so fixed by proclamation.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act –\n> \n> > ***statutory rule*** has the meaning assigned to that expression by the [Rules Publication Act 1953](/view/html/inforce/2026-04-12/act-1953-050) ;\n> \n> > ***subordinate instrument*** means an instrument that is –\n> > \n> > > > (a) a statutory rule; or\n> > > \n> > > > (b) not a statutory rule but which is a regulation, rule, or by-law or any other instrument of a legislative character.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Penalty units","content":"### 4 Penalty units\n\n> *\\[Section 4 Amended by No. 43 of 1991, s. 3 \\]*[*\\[Section 4 Amended by No. 37 of 2007, s. 4, Applied:24 Oct 2007\\]*](/view/html/inforce/2007-10-24/act-2007-037#GS4@EN) [*\\[Section 4 Amended by No. 12 of 2015, s. 4, Applied:19 May 2015\\]*](/view/html/inforce/2015-05-19/act-2015-012#GS4@EN) Where, in any Act or subordinate instrument for the time being in force, a number (whether whole or fractional) of what in the Act or subordinate instrument are referred to as \"penalty units\" is prescribed as the penalty for an offence against that Act or subordinate instrument or is specified for some other purpose in that Act or subordinate instrument, then the Act or subordinate instrument shall, subject to [section 37 of the](/view/html/inforce/2026-04-12/act-1931-059#GS37@EN) [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) , be construed as setting out a penalty of a number of dollars equal to the product obtained by multiplying the amount specified in the most recent notice published under [section 4A(4)](#GS4A@Gs4@EN) by the number of penalty units so prescribed or so specified.","sortOrder":3},{"sectionNumber":"4A","sectionType":"section","heading":"Indexation of penalty units","content":"### 4A Indexation of penalty units\n\n> [*\\[Section 4A Inserted by No. 37 of 2007, s. 5, Applied:24 Oct 2007\\]*](/view/html/inforce/2007-10-24/act-2007-037#GS5@EN) [*\\[Section 4A Subsection (4A) inserted by No. 44 of 2011, s. 4, Applied:29 Nov 2011\\]*](/view/html/inforce/2011-11-29/act-2011-044#GS4@Hpa@EN) [*\\[Section 4A Subsection (7A) inserted by No. 44 of 2011, s. 4, Applied:29 Nov 2011\\]*](/view/html/inforce/2011-11-29/act-2011-044#GS4@Hpb@EN) [*\\[Section 4A Substituted by No. 12 of 2015, s. 5, Applied:19 May 2015\\]*](/view/html/inforce/2015-05-19/act-2015-012#GS5@EN)\n> \n> > (1)  The value of a penalty unit for the financial year commencing on 1 July 2015 is $154.\n> \n> > (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)](#GS4A@Gs3@EN) :\n> > \n> > [![graphic image](/image/penam07.gif)](/image/penam07.gif)\n> > \n> > where –\n> > \n> > > ***A*** is the value in dollars of a penalty unit for the relevant financial year;\n> > \n> > > ***B*** is $154;\n> > \n> > > ***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;\n> > \n> > > ***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).\n> \n> > (3)  If the amount calculated in accordance with the formula specified in [subsection (2)](#GS4A@Gs2@EN) is an amount which is dollars and a number of cents, the amount is to be rounded up to the nearest whole dollar.\n> \n> > (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.\n> \n> > (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)](#GS4A@Gs4@EN) .\n> \n> > (6)  A notice under [subsection (4)](#GS4A@Gs4@EN) is not a statutory rule within the meaning of the [Rules Publication Act 1953](/view/html/inforce/2026-04-12/act-1953-050) .\n> \n> > (7)  If, for a financial year, the value of a penalty unit calculated in accordance with the formula specified in [subsection (2)](#GS4A@Gs2@EN) results in a reduction in that value –\n> > \n> > > > (a) the reduction is of no effect; and\n> > > \n> > > > (b) the notice published under [subsection (4)](#GS4A@Gs4@EN) 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.\n> \n> > (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.\n> \n> > (9)  In this section –\n> > \n> > > ***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.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Amendments of certain Acts in relation to penalty units and other penalties","content":"### 5 Amendments of certain Acts in relation to penalty units and other penalties\n\n> The Acts specified in [Schedule 1](#JS1@EN) are amended in the manner specified in that Schedule.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Consequential amendments of  Acts Interpretation Act 1931  and  Acts Interpretation Amendment Act 1981","content":"### 6 Consequential amendments of  Acts Interpretation Act 1931  and  Acts Interpretation Amendment Act 1981\n\n> The [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) and the [Acts Interpretation Amendment Act 1981](/view/html/inforce/2026-04-12/act-1981-039) are amended in the manner specified in [Schedule 2](#JS2@EN) .","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Amendments consequential on commencement of  Police Offences Amendment Act (No. 2) 1985","content":"### 7 Amendments consequential on commencement of  Police Offences Amendment Act (No. 2) 1985\n\n> > (1)  [Schedule 3](#JS3@EN) has effect.\n> \n> > (2)  *\\[Section 7 Subsection (2) omitted by No. 13 of 1987, s. 2 (3) \\]*.  .  .  .  .  .  .  .","sortOrder":7},{"sectionNumber":"7A","sectionType":"section","heading":"Transitional provisions consequent on Penalty Units and Other Penalties Amendment Act 2015","content":"### 7A Transitional provisions consequent on Penalty Units and Other Penalties Amendment Act 2015\n\n> [*\\[Section 7A Inserted by No. 12 of 2015, s. 6, Applied:19 May 2015\\]*](/view/html/inforce/2015-05-19/act-2015-012#GS6@EN)\n> \n> > (1)  In this section –\n> > \n> > > ***amending Act*** means the *Penalty Units and Other Penalties Amendment Act 2015*;\n> > \n> > > ***2015 financial year*** means the financial year commencing on 1 July 2015.\n> \n> > (2)  On and after the day on which the amending Act commences, the [Penalty Units and Other Penalties Order 2014](/view/html/inforce/2026-04-12/sr-2014-064)  –\n> > \n> > > > (a) is taken to be a notice published under [section 4A(4)](#GS4A@Gs4@EN) ; and\n> > > \n> > > > (b) remains in effect until a subsequent notice is published under that section.\n> \n> > (3)  Despite [section 4A(4)](#GS4A@Gs4@EN) and [(5)](#GS4A@Gs5@EN) , if the amending Act commences on or after 1 June 2015 –\n> > \n> > > > (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\n> > > \n> > > > (b) the value of a penalty unit as specified in that notice takes effect 28 days after that notice is published under [paragraph (a)](#GS7A@Gs3@Hpa@EN) .","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Application of Act","content":"### 8 Application of Act\n\n> > (1)  Notwithstanding anything to the contrary in this Act or any other Act, the provisions of the Acts specified in [Schedule 1](#JS1@EN) , as in force immediately before the day on which this Act receives the Royal Assent, apply to and in relation to offences committed or alleged to have been committed under those Acts and acts done, or omitted to be done, or alleged to have been done, or to have been omitted to be done, under those Acts before that day, and, for the purposes of that application, the provisions of the Acts so specified, as so in force, shall be deemed to remain in force.\n> \n> > (2)  Notwithstanding anything to the contrary in this Act or any other Act, the provisions of [section 46A of the](/view/html/inforce/2026-04-12/act-1935-044#GS46A@EN) [Police Offences Act 1935](/view/html/inforce/2026-04-12/act-1935-044) , as in force –\n> > \n> > > > (a) on the day on which this Act receives the Royal Assent, in a case to which [section 2](#GS2@EN) [(3)](#GS2@Gs3@EN) of this Act applies; or\n> > > \n> > > > (b) on the day fixed by proclamation under [section 2 (2) of the](/view/html/inforce/2026-04-12/act-9999-999#GS2@Gs2@EN) [Police Offences Amendment Act (No. 2) 1985](/view/html/inforce/2026-04-12/act-9999-999) , in any other case –\n> > \n> > apply to or in relation to offences committed or alleged to have been committed under [section 46A of the](/view/html/inforce/2026-04-12/act-1935-044#GS46A@EN) [Police Offences Act 1935](/view/html/inforce/2026-04-12/act-1935-044) before the day referred to in [paragraph (a)](#GS8@Gs2@Hpa@EN) or [(b)](#GS8@Gs2@Hpb@EN) , as the case requires, and, for the purposes of this subsection, the provisions of [section 46A of the](/view/html/inforce/2026-04-12/act-1935-044#GS46A@EN) [Police Offences Act 1935](/view/html/inforce/2026-04-12/act-1935-044) , as so in force, shall be deemed to remain in force.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Transitional provision","content":"### 9 Transitional provision\n\n> During the period of 2 months commencing on the day on which this Act receives the Royal Assent, a vendor by retail of cigars, cigarettes, or tobacco who complies with the provisions of [section 32 (2) of the](/view/html/inforce/2026-04-12/act-1935-044#GS32@Gs2@EN) [Police Offences Act 1935](/view/html/inforce/2026-04-12/act-1935-044) , as in force immediately before that day, is not guilty of an offence against that Act.","sortOrder":10},{"sectionNumber":"SCHEDULE 1 - Amendments of Cer","sectionType":"part","heading":"SCHEDULE 1 - Amendments of Certain Acts in Relation to Penalty Units and Other Penalties","content":"# SCHEDULE 1 - Amendments of Cer SCHEDULE 1 - Amendments of Certain Acts in Relation to Penalty Units and Other Penalties\n\n[Section 5](#GS5@EN)\n\n> > (a) [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) ;\n> \n> > (b) [Alcohol and Drug Dependency Act 1968](/view/html/inforce/2026-04-12/act-1968-061) ;\n> \n> > (c) [Motor Vehicles Securities Act 1984](/view/html/inforce/2026-04-12/act-1984-043) ;\n> \n> > (d) [Motor Vehicles Taxation Act 1981](/view/html/inforce/2026-04-12/act-1981-068) ;\n> \n> > (e) [Police Offences Act 1935](/view/html/inforce/2026-04-12/act-1935-044) ;\n> \n> > (f) [Road Safety (Alcohol and Drugs) Act 1970](/view/html/inforce/2026-04-12/act-1970-077) .","sortOrder":11},{"sectionNumber":"SCHEDULE 2 - Consequential Ame","sectionType":"part","heading":"SCHEDULE 2 - Consequential Amendments of  Acts Interpretation Act 1931  and  Acts Interpretation Amendment Act 1981","content":"# SCHEDULE 2 - Consequential Ame SCHEDULE 2 - Consequential Amendments of  Acts Interpretation Act 1931  and  Acts Interpretation Amendment Act 1981\n\n[Section 6](#GS6@EN)\n\n> > (a) [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-059) ;\n> \n> > (b) [Acts Interpretation Amendment Act 1981](/view/html/inforce/2026-04-12/act-1981-039) .","sortOrder":12},{"sectionNumber":"SCHEDULE 3 - Amendments Conseq","sectionType":"part","heading":"SCHEDULE 3 - Amendments Consequential on Commencement of  Police Offences Amendment Act (No. 2) 1985","content":"# SCHEDULE 3 - Amendments Conseq SCHEDULE 3 - Amendments Consequential on Commencement of  Police Offences Amendment Act (No. 2) 1985\n\n[Section 7](#GS7@EN) [(1)](#GS7@Gs1@EN)\n\n[Police Offences Act 1935](/view/html/inforce/2026-04-12/act-1935-044)","sortOrder":13},{"sectionNumber":"SCHEDULE 4","sectionType":"part","heading":"SCHEDULE 4","content":"# SCHEDULE 4 SCHEDULE 4\n\n*\\[Schedule 4 Repealed by No. 13 of 1987, s. 2 (3) \\]*","sortOrder":14}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act's mechanics have been altered since original enactment by inserting and later substituting s 4A to introduce an explicit CPI‑based indexation method and a new base value ($154) for 2015 (s 4A(1)–(2)). Transitional and saving provisions (s 7A, s 8) and amendments in the Schedules (s 5) change how penalty units operate across listed Acts, replacing a static unit system with an annually updated dollar value tied to Hobart CPI."},"complexity_factors":["Indexation formula tied to Hobart CPI and base value ($154) with annual recalculation and rounding rules (s 4A(1)–(3)).","Ministerial publication requirement and legal effect dependent on Gazette notice (s 4A(4)–(6)).","Non-decrease rule: any formula result that would reduce the value is ignored and prior year value is retained (s 4A(7)).","Commencement and deemed commencement interactions with other Acts and proclamations, producing conditional starts and repeals (s 2(2)–(4), s 7).","Transitional provisions affecting existing orders and delayed effect in the 2015 year (s 7A(2)–(3)).","Amendments to multiple other Acts via Schedules, requiring cross-referencing to implement dollar penalties in numerous statutes (s 5; Schedules 1–3).","Treatment of the Minister’s notice as not a statutory rule creates a different publication/oversight regime (s 4A(6)).","Interpretation link to Acts Interpretation Act 1931 for construction of penalties (s 4)."],"plain_english_summary":"This Act turns any statutory reference to “penalty units” into a dollar amount by multiplying the number of units by an annually set dollar value, so fines and other penalties are paid in dollars rather than abstract units. Offenders pay the resulting dollar amounts; the Minister must publish the penalty‑unit value each year and increases take effect only after Gazette publication (s 4, s 4A(4)–(5)). The Act also adds indexation using the Hobart CPI and amends specified Acts, with transitional and commencement rules (ss 2,5,7A,8,9)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"Originally enacted in 1987 to introduce penalty units and convert existing fines in specific Acts (Police Offences Act, Motor Vehicles Acts, etc.), the legislation has expanded significantly. The 2007 and 2015 amendments added an automatic indexation mechanism (section 4A) with CPI-linked annual adjustments, transforming it from a one-off conversion tool into a permanent administrative mechanism for maintaining the real value of penalties across the entire statute book. The scope now covers all Acts and subordinate instruments referencing penalty units, not just the six Acts originally listed in Schedule 1."},"complexity_factors":["Multiple commencement scenarios in section 2 with conditional logic based on proclamation dates from a 1985 Act","Mathematical formula with variables (A, B, C, D) for CPI indexation in section 4A(2)","Nested definitions: 'subordinate instrument' depends on 'statutory rule' which refers to another Act","Transitional provisions spanning 1981, 1985, 1987, 2014, and 2015 with interaction effects","Repealed and omitted provisions still referenced (Schedule 4, section 7(2))","Cross-references to at least 6 other Acts in Schedules 1 and 2"],"plain_english_summary":"This law creates a system of **penalty units** — a standardised way to set fines across Tasmanian laws.\n\n**What it does:**\n- Instead of writing specific dollar amounts in every law, Parliament can write \"5 penalty units\" or \"10 penalty units\"\n- This Act sets the **dollar value** of one penalty unit (currently $154, with annual increases tied to Hobart's inflation rate)\n- It automatically updates fines across all Tasmanian laws when the penalty unit value changes\n\n**Who it affects:**\n- **Anyone who breaks the law** — your fine is calculated using this system\n- **Courts and police** — they use this to work out what you actually pay\n- **Government** — the Minister publishes a notice each year setting the new value\n\n**How the money value changes:**\n- The value started at $154 on 1 July 2015\n- Each year, it's adjusted using a formula based on Hobart's Consumer Price Index (CPI) — a measure of inflation\n- If inflation would reduce the value, it stays the same (no decreases allowed)\n- The new value is published in the *Gazette* (the government's official newspaper) by 1 June each year\n\n**Why it matters:**\nWithout this system, every time inflation made fines too small, Parliament would have to manually update hundreds of laws. This automates the process, keeping penalties meaningful over time.\n\nThe Act also contains some **historical transitional rules** about when different parts started, and amendments to other Acts to convert their old fine amounts into the penalty unit system."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available text, the Act appears to have remained consistent with its original intent: providing a standardised, updatable mechanism for expressing and calculating monetary penalties across Tasmanian legislation. Amendments over time have likely adjusted the dollar value of penalty units rather than expanding or contracting the fundamental purpose of the Act."},"complexity_factors":["Relatively narrow and technical subject matter — primarily an administrative/machinery Act","The full text provided is incomplete (mostly metadata/status information), limiting analysis of any detailed provisions","The concept of penalty units requires a small amount of explanation but is not inherently difficult to understand","Interacts with a large number of other Tasmanian Acts indirectly, which adds a layer of systemic complexity","Has been amended multiple times since 1987 (as indicated by the Table of Amendments), suggesting some evolving complexity over time"],"plain_english_summary":"The Act creates a standardised penalty unit system for Tasmanian law: statutes can specify fines in penalty units, and this Act (and its current rate) converts units into dollar amounts. \n\nIt affects anyone fined under Tasmanian laws, businesses facing regulatory penalties, and courts/enforcement agencies — making fines consistent, easily adjustable across all laws, and transparent to the public."}},"importantCases":[],"_links":{"self":"/api/acts/penalty-units-and-other-penalties-act-1987","history":"/api/acts/penalty-units-and-other-penalties-act-1987/history","analysis":"/api/acts/penalty-units-and-other-penalties-act-1987/analysis","conflicts":"/api/acts/penalty-units-and-other-penalties-act-1987/conflicts","importantCases":"/api/acts/penalty-units-and-other-penalties-act-1987/important-cases","documents":"/api/acts/penalty-units-and-other-penalties-act-1987/documents"}}