sec.5Meaning of penalty unit

### sec.5 Meaning of penalty unit The value of a penalty unit is— for the SPE Act or an infringement notice, other than an infringement notice for an offence against a law mentioned in paragraph (b) , (c) or (d) — the amount prescribed under section 5A ; or if no amount is prescribed—$110; or for a local law, or an infringement notice for an offence against a local law, made by a local government prescribed under a regulation—$75; or for a local law, or an infringement notice for an offence against a local law made by a local government to which paragraph (b) does not apply or made under clause 35 of the Alcan agreement— the amount prescribed under section 5A ; or if no amount is prescribed—$110; or for the Work Health and Safety Act 2011 , the Electrical Safety Act 2002 , the Safety in Recreational Water Activities Act 2011 or an infringement notice for an offence against any of those Acts—$100; or in any other case, for this Act or another Act— the amount prescribed under section 5A ; or if no amount is prescribed—$110. If an Act expresses a penalty or other matter as a number (whether whole or fractional) of penalty units, the monetary value of the penalty or other matter is the number of dollars obtained by multiplying the value of a penalty unit by the number of penalty units. However, if the monetary value of the penalty obtained under subsection (2) for an infringement notice is not a multiple of $1, the amount is rounded down to the nearest multiple of $1. If the prescribed amount of a penalty unit under subsection (1) (a) (i) is $115.25 and an infringement notice prescribes a fine of 3 penalty units, the monetary value of the fine is $345, rounded down from $345.75. If an order of a court expresses a penalty or other matter as a monetary value, the number of penalty units is to be calculated by dividing the monetary value by the value of a penalty unit as at the time the order is made. For the purposes of this or another Act a reference to a penalty of a specified number of penalty units is a reference to a fine of that number of penalty units. ‘Maximum penalty—10 penalty units’ means the offender is liable to a maximum fine of 10 penalty units. In this section— Alcan agreement means the agreement made under the Alcan Queensland Pty. Limited Agreement Act 1965 . infringement notice means an infringement notice under the SPE Act . s 5 amd 1993 No. 36 s 2 sch 1 ; 1995 No. 54 s 45 sch 2 ; 1997 No. 39 s 472 sch 7 ; 1999 No. 70 s 166 sch 1 ; 2008 No. 66 s 3 (2) ; 2011 No. 18 s 403 ; 2011 No. 19 s 55 ; 2012 No. 17 s 34 ; 2014 No. 6 s 4 ; 2016 No. 31 s 7 sch 1 (sec.5-ssec.1) The value of a penalty unit is— for the SPE Act or an infringement notice, other than an infringement notice for an offence against a law mentioned in paragraph (b) , (c) or (d) — the amount prescribed under section 5A ; or if no amount is prescribed—$110; or for a local law, or an infringement notice for an offence against a local law, made by a local government prescribed under a regulation—$75; or for a local law, or an infringement notice for an offence against a local law made by a local government to which paragraph (b) does not apply or made under clause 35 of the Alcan agreement— the amount prescribed under section 5A ; or if no amount is prescribed—$110; or for the Work Health and Safety Act 2011 , the Electrical Safety Act 2002 , the Safety in Recreational Water Activities Act 2011 or an infringement notice for an offence against any of those Acts—$100; or in any other case, for this Act or another Act— the amount prescribed under section 5A ; or if no amount is prescribed—$110. (sec.5-ssec.2) If an Act expresses a penalty or other matter as a number (whether whole or fractional) of penalty units, the monetary value of the penalty or other matter is the number of dollars obtained by multiplying the value of a penalty unit by the number of penalty units. (sec.5-ssec.2A) However, if the monetary value of the penalty obtained under subsection (2) for an infringement notice is not a multiple of $1, the amount is rounded down to the nearest multiple of $1. If the prescribed amount of a penalty unit under subsection (1) (a) (i) is $115.25 and an infringement notice prescribes a fine of 3 penalty units, the monetary value of the fine is $345, rounded down from $345.75. (sec.5-ssec.3) If an order of a court expresses a penalty or other matter as a monetary value, the number of penalty units is to be calculated by dividing the monetary value by the value of a penalty unit as at the time the order is made. (sec.5-ssec.4) For the purposes of this or another Act a reference to a penalty of a specified number of penalty units is a reference to a fine of that number of penalty units. ‘Maximum penalty—10 penalty units’ means the offender is liable to a maximum fine of 10 penalty units. (sec.5-ssec.5) In this section— Alcan agreement means the agreement made under the Alcan Queensland Pty. Limited Agreement Act 1965 . infringement notice means an infringement notice under the SPE Act . - (a) for the SPE Act or an infringement notice, other than an infringement notice for an offence against a law mentioned in paragraph (b) , (c) or (d) — (i) the amount prescribed under section 5A ; or (ii) if no amount is prescribed—$110; or - (i) the amount prescribed under section 5A ; or - (ii) if no amount is prescribed—$110; or - (b) for a local law, or an infringement notice for an offence against a local law, made by a local government prescribed under a regulation—$75; or - (c) for a local law, or an infringement notice for an offence against a local law made by a local government to which paragraph (b) does not apply or made under clause 35 of the Alcan agreement— (i) the amount prescribed under section 5A ; or (ii) if no amount is prescribed—$110; or - (i) the amount prescribed under section 5A ; or - (ii) if no amount is prescribed—$110; or - (d) for the Work Health and Safety Act 2011 , the Electrical Safety Act 2002 , the Safety in Recreational Water Activities Act 2011 or an infringement notice for an offence against any of those Acts—$100; or - (e) in any other case, for this Act or another Act— (i) the amount prescribed under section 5A ; or (ii) if no amount is prescribed—$110. - (i) the amount prescribed under section 5A ; or - (ii) if no amount is prescribed—$110. - (i) the amount prescribed under section 5A ; or - (ii) if no amount is prescribed—$110; or - (i) the amount prescribed under section 5A ; or - (ii) if no amount is prescribed—$110; or - (i) the amount prescribed under section 5A ; or - (ii) if no amount is prescribed—$110.