Meaning of penalty unit
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.
Example—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.
Example—‘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.
This provision refers to the regulations (a regulation
, prescribed amount
). Made under this Act:
This Act’s bill:Explanatory memorandum
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