1Penalty Units Act 2009

NORTHERN TERRITORY OF AUSTRALIA PENALTY UNITS ACT 2009 As in force at 1 July 2022 Table of provisions 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Definitions ........................................................................................ 1 4 Monetary amount of penalty ............................................................ 1 5 Indexation of monetary value of penalty unit ................................... 2 6 Prescribing new monetary value of penalty unit .............................. 3 7 Regulations...................................................................................... 3 8 Repeal ............................................................................................. 3 9 Transitional matters ......................................................................... 3 ENDNOTES NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 1 July 2022 ____________________ PENALTY UNITS ACT 2009 An Act to provide for calculating the monetary amount of penalties expressed as penalty units 1 Short title This Act may be cited as the Penalty Units Act 2009. 2 Commencement This Act commences on the date fixed by the Administrator by Gazette notice. 3 Definitions In this Act: penalty includes any of the following: (a) a fine or penalty imposed under an Act for an offence; (b) an amount that may be paid under an infringement notice issued in relation to an offence instead of the penalty that may otherwise be imposed for the offence; (c) a civil penalty (however described). prescribed value means $130 or, if a regulation prescribes a higher amount, the higher amount. 4 Monetary amount of penalty (1) If a penalty is expressed as a number of penalty units, the monetary amount of the penalty is obtained by multiplying the number of penalty units by the prescribed value. Note for subsection (1) The number of penalty units may be a whole number or a decimal or fractional number. (2) In its application to an Act, subsection (1) is subject to a contrary intention in the Act. Penalty Units Act 2009 2 5 Indexation of monetary value of penalty unit (1) The monetary value of a penalty unit is: (a) $162 for the financial year ending on 30 June 2023; and (b) the amount calculated in accordance with subsections (2) and (3) for the financial years following 30 June 2023. (2) The formula is: A = B x C D where: A is the monetary value of a penalty unit for the financial year for which the calculation is made (the relevant financial year) (subject to rounding, if necessary, in accordance with subsection (3)). B is $130. C is the average of the CPI figures for Darwin for each of the 4 quarters of the calendar year immediately preceding the relevant financial year, as published most recently before 1 April immediately preceding the beginning of the relevant financial year, rounded to one decimal place. D is the average of the CPI figures for Darwin for each of the 4 quarters of the calendar year 2008, as most recently published before 1 April immediately preceding the beginning of the relevant financial year. (3) If the monetary value of a penalty unit, calculated in accordance with subsection (2), increases but is not a multiple of $1, the amount must be rounded down to the nearest multiple of $1. Example for subsection (3) By calculating in accordance with the formula in subsection (2), A is equal to $132.20, which is not a multiple of $1. Therefore, A is rounded down to the nearest multiple of $1 which gives a value of $132. (5) In this section: CPI figure for Darwin means the Consumer Price Index: All Groups Index Number for Darwin published by the Australian Statistician under the authority of the Census and Statistics Act 1905 (Cth). quarter, of a calendar year, means the period of 3 months ending at the end of March, June, September or December in that year. Penalty Units Act 2009 3 6 Prescribing new monetary value of penalty unit (1) If the monetary value of a penalty unit determined under section 5 is an amount of $131 or any higher multiple of $1, the higher amount must be prescribed by regulation as the monetary value of a penalty unit. (2) A change in the prescribed value has no effect until the regulation takes effect. (3) An increase in the prescribed value of a penalty unit does not apply in relation to any offence committed before the increase takes effect. 7 Regulations The Administrator may make regulations under this Act. 8 Repeal The following Acts are repealed: (a) Penalties Act 1999 (Act No. 2 of 1999); (b) Penalties Amendment Act 2002 (Act No. 15 of 2002). 9 Transitional matters (1) Despite section 8, the repealed Act continues to apply to an act committed or an omission made before the commencement that results in a liability for a penalty. (2) In this section: commencement means the commencement of this section. repealed Act means the Penalty Units Act 1999 as in force immediately before the commencement. ENDNOTES Penalty Units Act 2009 4 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Penalty Units Act 2009 (Act No. 16, 2009) Assent date 18 June 2009 Commenced 1 July 2009 (Gaz S30, 26 June 2009) Penalty Units Amendment Act 2013 (Act No. 12, 2013) Assent date 29 May 2013 Commenced 29 May 2013 Revenue Legislation Amendment and Repeal Act 2022 (Act No. 15, 2022) Assent date 30 June 2022 Commenced 1 July 2022 (s 2) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1 and 9. 4 LIST OF AMENDMENTS lt amd No. 15, 2022, s 7 s 5 amd No. 12, 2013, s 3; No. 15, 2022, s 8 s 6 amd No. 15, 2022, s 9