Monetary Units Act 2004

Monetary Units Act 2004

Act No. 10/2004

table of provisions

Section Page

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

ii

Section Page

Victoria

No. 10 of 2004

ii

Section Page

ii

Section Page

Monetary Units Act 2004[(]

[Assented to 11 May 2004]

ii

Act No. 10/2004

Monetary Units Act 2004

2

Act No. 10/2004

Monetary Units Act 2004

The Parliament of Victoria enacts as follows:

2

Act No. 10/2004

Monetary Units Act 2004

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;

(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

s. 2

(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.

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

s. 3

(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).

(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

s. 6

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

s. 7

(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.

9. Regulations

s. 9

(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—

(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);

s. 9

(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;

(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);

s. 9

(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.

(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

s. 10

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 1July 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

s. 12

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