Monetary Units Act 2004
Victorian Legislation Parliamentary Documents
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Monetary Units Act 2004
Act No. 10/2004
TABLE OF PROVISIONS
Section Page
1. Purposes 1
2. Commencement 2
3. Definitions 3
4. Meaning of fee unit 3
5. Calculation of value of fee and penalty units 3
6. Notification of values of fee and penalty units 4
7. Calculation of a fee or penalty 5
8. Certain monetary amounts to be construed in fee units or penalty
units 5
9. Regulations 6
10. Notification of fees and penalties 9
11. Transitional provisions for 2004–2005 9
12. Subordinate Legislation Act 1994 10
13. New section 110 inserted in Sentencing Act 1991 10
110. Meaning of penalty units 10
14. Environment Protection Act 1970 11
15. Conversion of fees and penalties to monetary units 11
16. Conversion of penalty units to dollar amounts 11
__________________
SCHEDULES 12
SCHEDULE 1—Conversion of Penalties and Fees in Acts 12
SCHEDULE 2—Penalties to Remain in Dollars 20
═══════════════
ENDNOTES 23
INDEX 24
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Monetary Units Act 2004†
[Assented to 11 May 2004]
The Parliament of Victoria enacts as follows:
1. Purposes
The main purposes of this Act are—
(a) to provide for fees and penalties to be fixed
by reference to fee units or penalty units that
can be indexed annually by an amount to be
fixed by the Treasurer;
(b) to change certain penalties that are specified
in monetary amounts in certain Acts to
penalty units;
Victoria
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(c) to change certain fees that are specified in
monetary amounts in certain Acts to fee
units;
(d) to authorise the Governor in Council to make
regulations—
(i) converting references to fees and
penalties in monetary amounts to
equivalent fee units and penalty units;
(ii) converting references to fee units and
penalty units to equivalent fees and
penalties in monetary amounts;
(iii) converting existing references to fee
units to equivalent fee units under this
Act;
(iv) converting existing references to the
monetary value of fee units or penalty
units to the equivalent value under this
Act;
(v) increasing fees that have remained in
monetary amounts to fee units having
regard to the indexation that would
have applied if they were in fee units;
(e) to change penalty units in the Petroleum
(Submerged Lands) Act 1982 to monetary
amounts;
(f) to amend the Sentencing Act 1991 and the
Subordinate Legislation Act 1994.
2. Commencement
(1) This section and sections 1, 3, 9, 11 and 12 come
into operation on the day on which this Act
receives the Royal Assent.
(2) The remaining provisions of this Act come into
operation on 1 July 2004.
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3. Definitions
In this Act—
"fee" includes charge or other amount;
"penalty" means a fine or other monetary penalty
and includes an amount payable under an
Act or statutory rule in respect of an offence
for which an infringement notice can be
issued under the Act;
"penalty unit" has the same meaning as in
section 110 of the Sentencing Act 1991;
"statutory rule" has the same meaning as in the
Subordinate Legislation Act 1994.
4. Meaning of fee unit
If in an Act or statutory rule there is a statement of
a number (whether whole, fractional or decimal)
of what are called "fee units", that statement must,
unless the context otherwise requires, be
construed as stating a number of dollars equal to
the product obtained by multiplying the number of
fee units by the amount fixed from time to time by
the Treasurer under section 5(3).
5. Calculation of value of fee and penalty units
(1) The value of a fee unit is the amount fixed with
respect to a financial year by the Treasurer by
notice published in the Government Gazette.
(2) The value of a penalty unit is the amount fixed
with respect to a financial year by the Treasurer
by notice published in the Government Gazette.
(3) The Treasurer may, by notice published in the
Government Gazette, fix once each financial year
the amounts referred to in sub-sections (1) and (2).
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(4) The Treasurer is to fix before 1 March in each
year an amount to be known as the annual rate by
which the amount of a fee unit or penalty unit is to
be adjusted for the next financial year.
(5) If the Treasurer does not fix an annual rate under
sub-section (4) for a financial year, the annual rate
that was determined for the previous financial
year is to be the rate by which the amount of a fee
unit or penalty unit is to be adjusted for the
financial year.
(6) The amount of a fee unit fixed by the Treasurer
that is to apply in respect of a financial year must
not exceed the amount that is the product of the
value of the fee unit in the previous financial year
multiplied by the annual rate for the financial year
in which the fee unit is to apply rounded to the
nearest cent.
(7) The amount of a penalty unit fixed by the
Treasurer that is to apply in respect of a financial
year must not exceed the amount that is the
product of the value of the penalty unit in the
previous financial year multiplied by the annual
rate for the financial year in which the penalty is
to apply rounded to the nearest cent.
6. Notification of values of fee and penalty units
Before 1 June in each year the Treasurer must
publish in the Government Gazette and in a
newspaper circulating generally throughout
Victoria notice of—
(a) the value of the fee unit that is to apply for
the financial year commencing on 1 July in
that year; and
(b) the value of the penalty unit that is to apply
for the financial year commencing on 1 July
in that year.
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7. Calculation of a fee or penalty
(1) The amount of a fee provided for by an Act or a
statutory rule by a fee unit is to be calculated by
multiplying the number of fee units applicable by
the value of a fee unit fixed under section 5.
(2) The amount of a penalty provided for by an Act or
statutory rule by a penalty unit is to be calculated
by multiplying the number of penalty units
applicable by the value of a penalty unit fixed
under section 5.
(3) The amount of a fee calculated under this section
may be rounded to the nearest 10 cents.
(4) The amount of a penalty calculated under this
section may be rounded to the nearest dollar.
8. Certain monetary amounts to be construed in fee
units or penalty units
(1) A provision in an Act authorising the Governor in
Council to make a statutory rule that prescribes,
fixes or charges a fee (however expressed) may be
construed as authorising the Governor in Council
to make a statutory rule to prescribe, fix or charge
that fee by reference to a fee unit unless the
amount to be prescribed, fixed or charged would
be less than the value of one fee unit fixed in
accordance with this Act.
(2) A provision in an Act authorising the Governor in
Council to make a statutory rule that prescribes a
penalty for an offence against the statutory rule
(however expressed) may be construed as
authorising the Governor in Council to make a
statutory rule to prescribe that penalty by
reference to a penalty unit.
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9. Regulations
(1) The Governor in Council, on the certificate and
recommendation of the Treasurer, may make
regulations amending any statutory rule made
under any Act to—
(a) convert any fees specified in monetary
amounts in the statutory rule to fee units;
(b) convert any penalties specified in monetary
amounts in the statutory rule to penalty units;
(c) convert any fee units or penalty units
specified or referred to in the statutory rule
to fee units or penalty units calculated in
accordance with this Act;
(d) convert the monetary amount of a fee unit or
penalty unit specified or referred to in the
statutory rule to the equivalent monetary
amount of that fee unit or penalty unit
calculated in accordance with this Act;
(e) convert any fee units specified in the
statutory rule to fees specified in monetary
amounts;
(f) convert any penalty units specified in the
statutory rule to penalties in monetary
amounts;
(g) increase any fees specified in monetary
amounts in the statutory rule by the amount
of the cumulative annual rates fixed by the
Treasurer under this Act for the period that
the fee has had effect without any increase.
(2) Part 2 of the Subordinate Legislation Act 1994
does not apply to a regulation made under this
section if the Treasurer certifies in writing that—
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(a) in the case of a regulation made under sub-
section (1)(a)—
(i) to take effect on or before 1 July 2004,
the regulation converts fees in
monetary amounts to fee units by
dividing the amount of the fee by $10;
or
(ii) to take effect after 1 July 2004, the
regulation converts fees in monetary
amounts to fee units by dividing the
amount of the fee by the value of a fee
unit fixed by the Treasurer under
section 5(3);
(b) in the case of a regulation made under sub-
section (1)(b)—
(i) to take effect on or before 1 July 2004,
the regulation converts penalties in
monetary amounts to penalty units by
dividing the amount of the penalty by
$100; or
(ii) to take effect after 1 July 2004, the
regulation converts penalties in
monetary amounts to penalty units by
dividing the amount of the penalty by
the value of a penalty unit fixed by the
Treasurer under section 5(3);
(c) in the case of a regulation made under sub-
section (1)(c), the regulation converts fee
units to the equivalent number of fee units
having regard to the current value of a fee
unit under this Act;
(d) in the case of a regulation made under sub-
section (1)(c), the regulation converts
penalty units to the equivalent number of
penalty units having regard to the current
value of a penalty unit under this Act;
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(e) in the case of a regulation made under sub-
section (1)(d), the regulation converts the
monetary amount of a fee unit or penalty unit
specified or referred to in the statutory rule
to the equivalent monetary amount of that
fee unit or penalty unit under this Act;
(f) in the case of a regulation made under sub-
section (1)(e), the regulation converts fee
units to fees in monetary amounts by
multiplying the amount of the fee unit by the
value of a fee unit fixed by the Treasurer
under section 5(3);
(g) in the case of a regulation made under sub-
section (1)(f), the regulation converts penalty
units to penalties in monetary amounts by
multiplying the amount of the penalty unit
by the value of a penalty unit fixed by the
Treasurer under section 5(3);
(h) in the case of a regulation made under sub-
section (1)(g), the regulation increases any
fees that are less than the value of one fee
unit by an amount not exceeding the
cumulative annual rates fixed by the
Treasurer under this Act for the period that
the fee has had effect without any increase.
(3) For the purposes of sub-section (2)(a) and (b), in
calculating the number of fee units or penalty
units, the number of fee units or penalty units is
deemed to be calculated in accordance with those
provisions if the fee unit or penalty unit is rounded
up to the next 2 decimal places.
(4) For the purposes of sub-section (2)(f), in
calculating the amount of a fee, the amount of the
fee is deemed to be calculated in accordance with
that provision if the fee is rounded to the nearest
10 cents.
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(5) For the purposes of sub-section (2)(g), in
calculating the amount of a penalty, the amount of
the penalty is deemed to be calculated in
accordance with that provision if the penalty is
rounded to the nearest dollar.
10. Notification of fees and penalties
The Minister responsible for administering an Act
or a statutory rule that provides for fees or
penalties by fee units or penalty units must take
reasonable steps to ensure that notice of the
monetary amounts of those fees and penalties
calculated in accordance with section 7 are
notified to the public generally or to the sector of
the public likely to be affected by the fee or
penalty.
11. Transitional provisions for 2004–2005
(1) Despite sections 5 and 6, for the financial year
commencing on 1 July 2004, the value of—
(a) a fee unit is the amount of $10 multiplied by
the annual rate fixed by the Treasurer for that
financial year and notified in the
Government Gazette on or before 1 July
2004;
(b) a penalty unit is the amount of $100
multiplied by the annual rate fixed by the
Treasurer for that financial year and notified
in the Government Gazette on or before
1 July 2004.
(2) Any reference in this Act or any other Act or
statutory rule to the value of a fee unit or penalty
unit calculated in accordance with section 5(3) is
to be treated for the financial year commencing on
1 July 2004 as a reference to a fee unit or penalty
unit calculated in accordance with this section.
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12. Subordinate Legislation Act 1994
Nothing in the Subordinate Legislation Act 1994
applies to the fixing of—
(a) a fee or penalty unit in accordance with
section 5 or 11; or
(b) an annual rate in accordance with section 5
or 11.
13. New section 110 inserted in Sentencing Act 1991
For section 110 of the Sentencing Act 1991
substitute—
'110. Meaning of penalty units
(1) If in an Act or subordinate instrument
(except a local law made under Part 5 of the
Local Government Act 1989) there is a
statement of a number (whether whole,
decimal or fractional) of what are called
"penalty units", that statement must, unless
the context otherwise requires, be construed
as stating a number of dollars equal to the
product obtained by multiplying the number
of penalty units by the amount fixed from
time to time by the Treasurer under
section 5(3) of the Monetary Units Act
2004.
(2) If in a local law made under Part 5 of the
Local Government Act 1989 there is a
statement of a number (whether whole,
decimal or fractional) of what are called
"penalty units", that statement must, unless
the context otherwise requires, be construed
as stating a number of dollars equal to the
product obtained by multiplying $100 by that
number of penalty units.'.
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14. Environment Protection Act 1970
In section 4(1) of the Environment Protection
Act 1970 for the definition of "fee unit"
substitute—
' "fee unit" means a fee unit calculated in
accordance with section 5(3) of the
Monetary Units Act 2004;'.
15. Conversion of fees and penalties to monetary units
An Act specified in a heading to an item
mentioned in Schedule 1 is amended as set out in
that item.
16. Conversion of penalty units to dollar amounts
The Petroleum (Submerged Lands) Act 1982 is
amended as set out in Schedule 2.
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SCHEDULES
Section 15
SCHEDULE 1
CONVERSION OF PENALTIES AND FEES IN ACTS
1. Consumer Credit (Victoria) Act 1995
1.1 In section 30(4)(b), for "$5000" substitute "an amount that
is 50 times the value of a penalty unit fixed by the Treasurer
under section 5(3) of the Monetary Units Act 2004".
1.2 In section 37F(2)(b), for "$150" substitute "15 fee units".
2. Co-operatives Act 1996
In section 453(5), for "$50" substitute "half the value of a
penalty unit fixed by the Treasurer under section 5(3) of the
Monetary Units Act 2004".
3. Court Security Act 1980
In section 3(2)—
(a) after "Act" insert "and liable to a penalty not
exceeding 10 penalty units";
(b) the penalty at the foot of the sub-section is repealed.
4. Crown Lands (Reserves) Act 1978
4.1 In section 13(5), for "$200" substitute "2 penalty units".
4.2 In section 13(6), for "$500" substitute "5 penalty units".
5. Disposal of Uncollected Goods Act 1961
5.1 In section 5(3), for "$200" substitute "2 penalty units".
5.2 In section 10(3), for "$200" substitute "2 penalty units".
5.3 In section 11(4)—
(a) for "$100" substitute "1 penalty unit";
(b) for "$20" substitute "0⋅2 penalty unit";
(c) for "$10" substitute "0⋅1 penalty unit".
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6. Electoral Act 2002
6.1 In section 45(2)(g) for "$500" substitute "50 fee units".
6.2 In section 51(2)(c) for "$500" substitute "50 fee units".
6.3 In section 135(1)(e) for "$100" substitute "10 fee units".
7. Electoral Boundaries Commission Act 1982
In section 10(5)—
(a) after "offence" insert "and liable to a penalty not
exceeding 50 penalty units";
(b) the penalty at the foot of the sub-section is repealed.
8. Electricity Industry Act 2000
In section 109—
(a) for "$500" substitute "5 penalty units";
(b) for "$1000" substitute "10 penalty units".
9. Freedom of Information Act 1982
In section 17(2A) for "$20" substitute "2 fee units".
10. Gambling Regulation Act 2003
10.1 In section 2.5.39(5)—
(a) after "offence" insert "and liable to a penalty not
exceeding half of a penalty unit";
(b) the penalty at the foot of the sub-section is repealed.
10.2 In section 3.4.25(1), in the definition of "disciplinary
action", for "$50 000" substitute "an amount that is
500 times the value of a penalty unit fixed by the Treasurer
under section 5(3) of the Monetary Units Act 2004".
10.3 In section 3.4.36(1), in the definition of "disciplinary
action", for "$5 000 000" substitute "an amount that is
50 000 times the value of a penalty unit fixed by the
Treasurer under section 5(3) of the Monetary Units Act
2004".
10.4 In section 3.4.65(1), in the definition of "disciplinary
action", for "$5 000 000" substitute "an amount that is
50 000 times the value of a penalty unit fixed by the
Treasurer under section 5(3) of the Monetary Units Act
2004".
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10.5 In section 4.3.31(2)(d), for "$5 000 000" substitute "an
amount that is 50 000 times the value of a penalty unit fixed
by the Treasurer under section 5(3) of the Monetary Units
Act 2004".
10.6 In section 5.3.3(3), for "$100" substitute "10 fee units".
10.7 In section 5.3.23(1)(b), for "$500 000" substitute "an
amount that is 5000 times the value of a penalty unit fixed
by the Treasurer under section 5(3) of the Monetary Units
Act 2004".
10.8 In section 7.3.9, in the definition of "disciplinary action", for
"$50 000" substitute "an amount that is 50 times the value
of a penalty unit fixed by the Treasurer under section 5(3) of
the Monetary Units Act 2004".
11. Gaming and Betting Act 1994
In section 32(2)(d), for "$5 000 000" substitute "an amount
that is 50 000 times the value of a penalty unit fixed by the
Treasurer under section 5(3) of the Monetary Units Act
2004".
12. Gaming Machine Control Act 1991
12.1 In section 30(1), in the definition of "disciplinary action",
for "$50 000" substitute "an amount that is 500 times the
value of a penalty unit fixed by the Treasurer under section
5(3) of the Monetary Units Act 2004".
12.2 In section 38(2)(d), for "$5 000 000" substitute "an amount
that is 50 000 times the value of a penalty unit fixed by the
Treasurer under section 5(3) of the Monetary Units Act
2004".
12.3 In section 66(1A), in the definition of "disciplinary action",
for "$5 000 000" substitute "an amount that is 50 000 times
the value of a penalty unit fixed by the Treasurer under
section 5(3) of the Monetary Units Act 2004".
13. Gas Industry Act 2001
13.1 In section 91(1), for "$10 000 000" substitute "an amount
that is 100 000 times the value of a penalty unit fixed by the
Treasurer under section 5(3) of the Monetary Units Act
2004".
13.2 In section 222, for "$500" substitute "5 penalty units".
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13.3 In section 236(3), for "$100 000" substitute "an amount that
is 1000 times the value of a penalty unit fixed by the
Treasurer under section 5(3) of the Monetary Units Act
2004".
14. Land Act 1958
14.1 In section 31(3)—
(a) after "Act" (where second occurring) insert "and
liable to a penalty not exceeding 2⋅5 penalty units or
imprisonment not exceeding 3 months";
(b) the penalty at the foot of the sub-section is repealed.
14.2 In section 35—
(a) for "$50" substitute "0⋅5 penalty unit";
(b) for "$400" substitute "4 penalty units".
14.3 In section 105, for "$40" substitute "0⋅4 penalty unit".
14.4 In section 144(2) for "$10" substitute "0⋅1 penalty unit".
14.5 In section 145, for "$10" substitute "0⋅1 penalty unit".
14.6 In section 182(1)(e) for "$40" substitute "4 fee units".
14.7 In section 187—
(a) for "$50" substitute "0⋅5 penalty unit";
(b) for "$400" substitute "4 penalty units".
14.8 In section 188—
(a) for "$50" substitute "0⋅5 penalty unit";
(b) for "$100" substitute "1 penalty unit";
(c) for "$200" substitute "2 penalty units".
14.9 In section 190, for "$200" substitute "2 penalty units".
14.10 In section 191, for "$200" substitute "2 penalty units".
14.11 In section 199(2), for "$200" substitute "2 penalty units".
14.12 In section 212(2), for "$40" substitute "0⋅4 penalty unit".
14.13 In section 215(2), for "$40" substitute "0⋅4 penalty unit".
14.14 In section 409, for "$20" substitute "0⋅2 penalty unit".
14.15 In section 413(2), for "$20" substitute "0⋅2 penalty unit".
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15. Landlord and Tenant Act 1958
15.1 In section 32B(1) and (2), for "$100" substitute "1 penalty
unit".
15.2 In section 117(2), for "$1,000" substitute "10 penalty
units".
15.3 In section 118(2), for "$20" substitute "0⋅2 penalty unit".
16. Lotteries Gaming and Betting Act 1966
In section 61(2), for "$50" substitute "0⋅5 penalty unit".
17. Maintenance Act 1965
In section 40(3), for "$200" substitute "2 penalty units".
18. Marine Act 1988
18.1 In section 26J(2)(c), for "$135" substitute "13⋅5 fee units".
18.2 In section 26M(2)(c), for "$90" substitute "9 fee units".
18.3 In section 26O(5), for "$20" substitute "2 fee units".
19. Mines Act 1958
In section 386(3)(b), for "$50" substitute "5 fee units".
20. Police Assistance Compensation Act 1968
In section 6, for "$500" substitute "5 penalty units".
21. Police Regulation Act 1958
21.1 In section 52(1), for "$50" substitute "0⋅5 penalty unit".
21.2 In section 116, for "$40" substitute "0⋅4 penalty unit".
22. Private Agents Act 1966
22.1 In the first penalty at the foot of section 6, for "$500"
substitute "5 penalty units".
22.2 In the further penalty at the foot of section 6, for "$10"
substitute "0⋅1 penalty unit".
22.3 In the penalty at the foot of section 34(1), for "$500"
substitute "5 penalty units".
22.4 In the penalty at the foot of section 34(3), for "$500"
substitute "5 penalty units".
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23. Public Lotteries Act 2000
23.1 In section 19(3), for "$100" substitute "10 fee units"
23.2 In section 45(1)(b), for "$500 000" substitute "an amount
that is 5000 times the value of a penalty unit fixed by the
Treasurer under section 5(3) of the Monetary Units Act
2004".
24. Public Notaries Act 2001
In section 5(3), for "$285" substitute "2⋅9 fee units".
25. Road Safety Act 1986
In section 87(3A) for "$100" substitute "1 penalty unit".
26. Second-Hand Dealers and Pawnbrokers Act 1989
26.1 In section 8B(3), for "$150" substitute "15 fee units".
26.2 In section 10A(3)(b), for "$150" substitute "15 fee units".
26.3 In section 11AA(1), for "$400" substitute "40 fee units".
26.4 In section 11A(4), for "$20" substitute "2 fee units".
26.5 In section 18B(1)(b), for "$5000" substitute "an amount
that is 50 times the value of a penalty unit fixed by the
Treasurer under section 5(3) of the Monetary Units Act
2004".
27. Sentencing Act 1991
27.1 In section 47(5)—
(a) for "$100" (where first occurring) substitute "penalty
unit";
(b) for "$100" (where second occurring) substitute
"a penalty unit".
27.2 In section 55(1)(d), for "$10 000" (where twice occurring)
substitute "an amount equivalent to the value of 100 penalty
units".
27.3 In section 62(1), for "$10 000" substitute "an amount
equivalent to the value of 100 penalty units".
27.4 In section 62(7)(b), for "$10 000" substitute "an amount
equivalent to the value of 100 penalty units".
27.5 In section 62(10AA), for "$10 000" substitute "an amount
equivalent to the value of 100 penalty units".
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27.6. In section 63—
(a) in sub-section (1)—
(i) for "$100" (where first occurring) substitute
"penalty unit";
(ii) for "$100" (where second occurring) substitute
"a penalty unit";
(b) in sub-section (2)—
(i) for "$20" (where twice occurring) substitute
"0⋅2 penalty unit";
(ii) for "$10 000" substitute "an amount equivalent
to the value of 100 penalty units".
27.7 In section 63(4)—
(a) for "$100 of that amount" (where first occurring)
substitute "an amount equivalent to the value of
1 penalty unit";
. (b) for "$100 of that amount" (where second occurring)
substitute "amount equivalent to the value of
1 penalty unit".
28. Shrine of Remembrance Act 1978
28.1 In section 5(1)—
(a) after "offence" insert "and liable to a penalty not
exceeding 2 penalty units";
(b) the penalty at the foot of the sub-section is repealed.
28.2 In section 6(3), for "$200" substitute "2 penalty units".
28.3 In section 6(4), for "$500" substitute "5 penalty units".
29. Stock (Seller Liability and Declarations) Act 1993
In the Schedule, for "$300" (wherever occurring) substitute
"3 penalty units".
30. Summary Offences Act 1966
In section 10(4), for "$500" substitute "5 penalty units".
31. Survey Co-ordination Act 1958
In section 16—
(a) for "$10" substitute "0⋅1 penalty unit";
(b) for "$100" substitute "1 penalty unit".
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32. Unlawful Assemblies and Processions Act 1958
32.1 In section 14, for "$10" (where twice occurring) substitute
"0⋅1 penalty unit".
32.2 In section 17, for "$40" substitute "0⋅4 penalty unit".
32.3 In section 20, for "$10" substitute "0⋅1 penalty unit".
33. Valuation of Land Act 1960
33.1 In section 3A(2)—
(a) after "Act" insert "and liable to a penalty not
exceeding 2 penalty units";
(b) the penalty at the foot of the sub-section is repealed.
33.2 In section 3A(4)—
(a) after "Act" insert "and liable to a penalty not
exceeding 4 penalty units";
(b) the penalty at the foot of the sub-section is repealed.
33.3 In section 3A(5)—
(a) after "Act" insert "and liable to a penalty not
exceeding 10 penalty units or imprisonment not
exceeding 12 months or both";
(b) the penalty at the foot of the sub-section is repealed.
34. Victorian Civil and Administrative Tribunal Act 1998
34.1 In section 137(5)(a), for "$100 000" substitute "an amount
that is 1000 times the value of a penalty unit fixed by the
Treasurer under section 5(3) of the Monetary Units Act
2004".
34.2 In section 137(5)(b), for "$500 000" substitute "an amount
that is 5000 times the value of a penalty unit fixed by the
Treasurer under section 5(3) of the Monetary Units Act
2004".
__________________
Sch. 1
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SCHEDULE 2
Section 16
PENALTIES TO REMAIN IN DOLLARS
1. Petroleum (Submerged Lands) Act 1982
1.1 In section 19(1) in the penalty at the foot of the sub-
section—
(a) for "330 penalty units" substitute "$33 000";
(b) for "1650 penalty units" substitute "$165 000".
1.2 In sections 34(1) and 38J(1)—
(a) for "110 penalty units" substitute "$11 000";
(b) for "550 penalty units" substitute "$55 000".
1.3 In sections 39 and 59A, in the penalty at the foot of the
section—
(a) for "330 penalty units" substitute "$33 000";
(b) for "1650 penalty units" substitute "$165 000".
1.4 In sections 60(1), 60(4), 60(5), 72(2) and 74(1), in the
penalty at the foot of the sub-section—
(a) for "330 penalty units" substitute "$33 000";
(b) for "1650 penalty units" substitute "$165 000".
1.5 In section 82(1), in the penalty at the foot of the sub-
section—
(a) for "110 penalty units" substitute "$11 000";
(b) for "550 penalty units" substitute "$55 000".
1.6 In sections 84(2), 85(2) and 90, in the penalty at the foot of
the sub-section—
(a) for "55 penalty units" substitute "$5500";
(b) for "275 penalty units" substitute "$27 500".
1.7 In sections 96(3), 97(7), 98(2) and 98(3), in the penalty at
the foot of the sub-section—
(a) for "110 penalty units" substitute "$11 000";
(b) for "550 penalty units" substitute "$55 000".
Sch. 2
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1.8 In section 101(2A), (2B) and (2C), in the penalty at the foot
of the sub-section—
(a) for "55 penalty units" substitute "$5500";
(b) for "275 penalty units" substitute "$27 500".
1.9 In section 101(7)—
(a) after "offence" insert "and liable to a penalty not
exceeding $11 000, in the case of a natural person and
not exceeding $55 000, in the case of a body
corporate";
(b) the penalty at the foot of the sub-section is repealed.
1.10 In sections 107(3), 111(9) and 112(10), in the penalty at the
foot of the sub-section—
(a) for "110 penalty units" substitute "$11 000";
(b) for "550 penalty units" substitute "$55 000".
1.11 In section 112(11), in the penalty at the foot of the sub-
section—
(a) for "55 penalty units" substitute "$5500";
(b) for "275 penalty units" substitute "$27 500".
1.12 In section 117, in the penalty at the foot of the section—
(a) for "110 penalty units" substitute "$11 000";
(b) for "550 penalty units" substitute "$55 000".
1.13 In section 119(3)—
(a) for "660 penalty units" substitute "$66 000";
(b) for "3300 penalty units" substitute "$330 000".
1.14 In section 120, in the penalty at the foot of the section—
(a) for "110 penalty units" substitute "$11 000";
(b) for "550 penalty units" substitute "$55 000".
1.15 In section 122(2), in the penalty at the foot of the sub-
section—
(a) for "110 penalty units" substitute "$11 000";
(b) for "550 penalty units" substitute "$55 000".
Sch. 2
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1.16 In section 124, in the penalty at the foot of the section—
(a) for "110 penalty units" substitute "$11 000";
(b) for "550 penalty units" substitute "$55 000".
1.17 In section 124A(1), in the penalty at the foot of the sub-
section—
(a) for "660 penalty units" substitute "$66 000";
(b) for "3300 penalty units" substitute "$330 000".
1.18 In section 125(3), in the penalty at the foot of the sub-
section for "5½ penalty units" substitute "$550".
1.19 In section 126(3), in the penalty at the foot of the sub-
section for "55 penalty units" substitute "$55 000".
1.20 In section 131(3) for "110 penalty units" substitute
"$11 000".
1.21 In section 151E(2)—
(a) for "55 penalty units" substitute "$5500";
(b) for "275 penalty units" substitute "$27 500".
1.22 In section 152(4)(a)—
(a) for "110 penalty units" substitute "$11 000";
(b) for "550 penalty units" substitute "$55 000".
═══════════════
Sch. 2
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ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 5 March 2004
Legislative Council: 21 April 2004
The long title for the Bill for this Act was "to provide for fees and
penalties to be fixed by reference to fee or penalty units that can be
indexed annually by an amount to be fixed by the Treasurer, to amend the
Sentencing Act 1991 and the Subordinate Legislation Act 1994 and to
amend fees and penalties that are specified in certain Acts by monetary
amounts and for other purposes."
Endnotes
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INDEX
Subject Section
Actamendments to other Acts 13–16, Sch. 1,
Sch. 2
commencement 2
purpose 1
Annual rate
fixing of 5
Subordinate Legislation Act 1994 does not apply 12
transitional provisions 11
Definitions 3
Fee units
calculation of value of 5
meaning 4
notice of value for next financial year 6
regulations to convert references to 9
Subordinate Legislation Act 1994 does not apply 12
transitional provisions for 2004–2005 11
Fees
calculation 7
construction of provisions in Acts for prescribing,
fixing, charging in statutory rules 8
conversion of references to in Acts 15, Sch. 1
definition 3
notice of monetary amounts of 10
regulations to convert references to, increase 9
Ministers 10
Penalties
calculation 7
construction of provisions in Acts for prescribing
in statutory rules 8
conversion of references to in Acts 15, Sch. 1
definition 3
notice of monetary amounts of 10
regulations to convert references to 9
Penalty units
calculation of value of 5
definition 3
notice of value for next financial year 6
regulations to convert references to 9
Subordinate Legislation Act 1994 does not apply 12
transitional provisions for 2004–2005 11
Petroleum (Submerged Lands) Act 1982 16, Sch. 2
Regulations 9
Sentencing Act 1991 13, Sch. 1
Subordinate Legislation Act 1994
matters, regulations to which it does not apply 9, 12
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Subject Section
Treasurer
certificates for purposes of regulations 9
fixing of fee units, penalty units, annual rate 5
notice of value of fee units, penalty units 6
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