monetary units act 2004 - legislation.vic.gov.aufile/04-10a004.docx  · web viewocpc-vic, word...

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Version No. 004 Monetary Units Act 2004 No. 10 of 2004 Version as at 17 May 2012 TABLE OF PROVISIONS Section Page 1 Purposes 1 2 Commencement 2 3 Definitions 2 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 4 8 Certain monetary amounts to be construed in fee units or penalty units 5 9 Regulations 5 10 Notification of fees and penalties 8 11 Transitional provisions for 2004–2005 9 12 Subordinate Legislation Act 1994 9 13 New section 110 inserted in Sentencing Act 1991 10 110 Meaning of penalty units 10 14 Environment Protection Act 1970 10 15 Conversion of fees and penalties to monetary units 11 16 Conversion of penalty units to dollar amounts 11 __________________ SCHEDULES 12 1

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Page 1: Monetary Units Act 2004 - legislation.vic.gov.auFILE/04-10a004.docx  · Web viewOCPC-VIC, Word 2007, Template Release 2010 V5.01. 8Certain monetary amounts to be construed in fee

Version No. 004

Monetary Units Act 2004No. 10 of 2004

Version as at 17 May 2012

TABLE OF PROVISIONSSection Page

1 Purposes 12 Commencement 23 Definitions 24 Meaning of fee unit 35 Calculation of value of fee and penalty units 36 Notification of values of fee and penalty units 47 Calculation of a fee or penalty 48 Certain monetary amounts to be construed in fee units or

penalty units 59 Regulations 510 Notification of fees and penalties 811 Transitional provisions for 2004–2005 912 Subordinate Legislation Act 1994 913 New section 110 inserted in Sentencing Act 1991 10

110 Meaning of penalty units 1014 Environment Protection Act 1970 1015 Conversion of fees and penalties to monetary units 1116 Conversion of penalty units to dollar amounts 11

__________________

SCHEDULES 12

SCHEDULE 1—Conversion of Penalties and Fees in Acts 12

1 Consumer Credit (Victoria) Act 1995 122 Co-operatives Act 1996 123 Court Security Act 1980 124 Crown Lands (Reserves) Act 1978 125 Disposal of Uncollected Goods Act 1961 136 Electoral Act 2002 137 Electoral Boundaries Commission Act 1982 138 Electricity Industry Act 2000 139 Freedom of Information Act 1982 1310 Gambling Regulation Act 2003 1411 Gaming and Betting Act 1994 15

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12 Gaming Machine Control Act 1991 1513 Gas Industry Act 2001 1514 Land Act 1958 1615 Landlord and Tenant Act 1958 1716 Lotteries Gaming and Betting Act 1966 1717 Maintenance Act 1965 1718 Marine Act 1988 1719 Mines Act 1958 1820 Police Assistance Compensation Act 1968 1821 Police Regulation Act 1958 1822 Private Agents Act 1966 1823 Public Lotteries Act 2000 1824 Public Notaries Act 2001 1925 Road Safety Act 1986 1926 Second-Hand Dealers and Pawnbrokers Act 1989 1927 Sentencing Act 1991 1928 Shrine of Remembrance Act 1978 2029 Stock (Seller Liability and Declarations) Act 1993 2130. Summary Offences Act 1966 2131 Survey Co-ordination Act 1958 2132 Unlawful Assemblies and Processions Act 1958 2133 Valuation of Land Act 1960 2134 Victorian Civil and Administrative Tribunal Act 1998 22

SCHEDULE 2—Penalties to Remain in Dollars 23

═══════════════

ENDNOTES 27

1. General Information 27

2. Table of Amendments 28

3. Explanatory Details 29

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Version No. 004

Monetary Units Act 2004No. 10 of 2004

Version as at 17 May 2012

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;

(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;

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(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.

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.

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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 subsections (1) and (2).

(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 subsection (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

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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.

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.

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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.

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

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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—

(a) in the case of a regulation made under subsection (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 subsection (1)(b)—

(i) to take effect on or before 1 July 2004, the regulation converts penalties in monetary amounts to penalty units by

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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 subsection (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 subsection (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;

(e) in the case of a regulation made under subsection (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 subsection (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 subsection (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);

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(h) in the case of a regulation made under subsection (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 subsection (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 subsection (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.

(5) For the purposes of subsection (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.

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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.

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.

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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.".

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;".

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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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SCHEDULESSection 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 subsection 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".

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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 "02 penalty unit";

(c) for "$10" substitute "01 penalty unit".

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 subsection 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".

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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 subsection 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".

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".

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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 25 penalty units or imprisonment not exceeding 3 months";

(b) the penalty at the foot of the subsection is repealed.

14.2 In section 35—

(a) for "$50" substitute "05 penalty unit";

(b) for "$400" substitute "4 penalty units".

14.3 In section 105, for "$40" substitute "04 penalty unit".

14.4 In section 144(2) for "$10" substitute "01 penalty unit".

14.5 In section 145, for "$10" substitute "01 penalty unit".

14.6 In section 182(1)(e) for "$40" substitute "4 fee units".

14.7 In section 187—

(a) for "$50" substitute "05 penalty unit";

(b) for "$400" substitute "4 penalty units".

14.8 In section 188—

(a) for "$50" substitute "05 penalty unit";

(b) for "$100" substitute "1 penalty unit";

(c) for "$200" substitute "2 penalty units".

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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 "04 penalty unit".

14.13 In section 215(2), for "$40" substitute "04 penalty unit".

14.14 In section 409, for "$20" substitute "02 penalty unit".

14.15 In section 413(2), for "$20" substitute "02 penalty unit".

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 "02 penalty unit".

16 Lotteries Gaming and Betting Act 1966

In section 61(2), for "$50" substitute "05 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 "135 fee units".

18.2 In section 26M(2)(c), for "$90" substitute "9 fee units".

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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 "05 penalty unit".

21.2 In section 116, for "$40" substitute "04 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 "01 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".

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 "29 fee units".

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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".

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27.5 In section 62(10AA), for "$10 000" substitute "an amount equivalent to the value of 100 penalty units".

27.6. In section 63—

(a) in subsection (1)—

(i) for "$100" (where first occurring) substitute "penalty unit";

(ii) for "$100" (where second occurring) substitute "a penalty unit";

(b) in subsection (2)—

(i) for "$20" (where twice occurring) substitute "02 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 subsection 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".

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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 "01 penalty unit";

(b) for "$100" substitute "1 penalty unit".

32 Unlawful Assemblies and Processions Act 1958

32.1 In section 14, for "$10" (where twice occurring) substitute "01 penalty unit".

32.2 In section 17, for "$40" substitute "04 penalty unit".

32.3 In section 20, for "$10" substitute "01 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 subsection 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 subsection is repealed.

33.3 In section 3A(5)—

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(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 subsection 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".

__________________

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SCHEDULE 2Section 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 subsection—

(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 subsection—

(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 subsection—

(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 subsection—

(a) for "55 penalty units" substitute "$5500";

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(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 subsection—

(a) for "110 penalty units" substitute "$11 000";

(b) for "550 penalty units" substitute "$55 000".

1.8 In section 101(2A), (2B) and (2C), in the penalty at the foot of the subsection—

(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 subsection is repealed.

1.10 In sections 107(3), 111(9) and 112(10), in the penalty at the foot of the subsection—

(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 subsection—

(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";

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(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 subsection—

(a) for "110 penalty units" substitute "$11 000";

(b) for "550 penalty units" substitute "$55 000".

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 subsection—

(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 subsection for "5½ penalty units" substitute "$550".

1.19 In section 126(3), in the penalty at the foot of the subsection 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".

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1.22 In section 152(4)(a)—

(a) for "110 penalty units" substitute "$11 000";

(b) for "550 penalty units" substitute "$55 000". ═══════════════

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ENDNOTES

1. General InformationMinister'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."

The Monetary Units Act 2004 was assented to on 11 May 2004 and came into operation as follows:

Sections 1–3, 9, 11 and 12 on 11 May 2004: section 2(1); sections 4–8, 10, 13–16, Schedules 1 and 2 on 1 July 2004: section 2(2).

Endnotes

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2. Table of AmendmentsThere are no amendments made to the Monetary Units Act 2004 by Acts and subordinate instruments.

Endnotes

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3. Explanatory DetailsNo entries at date of publication.

Endnotes

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