109Penalty scale

109 Penalty scale (1) An offence that is described in an Act, subordinate instrument or local law as being an offence of a level specified in column 1 of Table 1 or as being punishable by imprisonment of a level specified in that column is, unless the contrary intention appears, punishable by a term of imprisonment not exceeding that specified opposite it in column 2 of the Table. S. 109(1) Table 1 substituted by No. 48/1997 s. 27. **TABLE 1** | *Column* 1 | *Column* 2 | | *Level* | *Maximum Term of Imprisonment* | | 1 | Life | | 2 | 25 years | | 3 | 20 years | | 4 | 15 years | | 5 | 10 years | | 6 | 5 years | | 7 | 2 years | | 8 | 1 year | | 9 | 6 months | (2) An offence that is described in an Act, subordinate instrument or local law as being an offence of a level specified in column 1 of Table 2 or as being punishable by a fine of a level specified in that column is, unless the contrary intention appears, punishable by a fine not exceeding that specified opposite it in column 2 of the Table. S. 109(2) Table 2 substituted by No. 69/1997 s. 12. **TABLE 2** | *Column 1* | *Column 2* | | *Level* | *Maximum Fine* | | 1 | — | | 2 | 3000 penalty units | | 3 | 2400 penalty units | | 4 | 1800 penalty units | | 5 | 1200 penalty units | | 6 | 600 penalty units | | 7 | 240 penalty units | | 8 | 120 penalty units | | 9 | 60 penalty units | | 10 | 10 penalty units | | 11 | 5 penalty units | | 12 | 1 penalty unit. | S. 109(3) amended by Nos 48/1997 s. 28(4), 69/1997 ss 13(1), 14(1), 15, substituted by No. 65/2011 s. 48(1). (3) Subject to subsection (3A), an offence that is punishable by a term of imprisonment (other than life) is, unless the contrary intention appears, punishable (in addition to or instead of imprisonment) by a maximum fine of the number of penalty units that is 10 times more than the maximum number of months of imprisonment that may be imposed. S. 109(3A) inserted by No. 69/1997 s. 14(2). (3A) An offence that is punishable by level 2 imprisonment is, unless the contrary intention appears, punishable (in addition to but not instead of imprisonment) by a level 2 fine if the offender is not a body corporate. S. 109(4) amended by Nos 41/1993 s. 16, 48/1997 s. 28(5), 69/1997 ss 13(2), 14(3), 15, repealed by No. 65/2011 s. 48(2). S. 109A inserted by No. 48/1997 s. 29.