Page 3900 - Week 10 - Thursday, 20 September 2018
Finally, the bill increases the value of penalty units that provide the basis for determining statutory fines. As the Attorney-General, I am required to review the amount of a penalty unit at least once every four years under the review mechanism in the Legislation Act. The most recent increase was in August 2014.
This bill will increase the value of a penalty unit to $160 for an individual and $810 for a corporation. This equates to an increase of $10 for an individual, or an approximate 6.7 per cent increase; and an increase of $60 for a corporation, which is approximately an eight per cent increase. These amounts have been determined as appropriate through the application of the consumer price index.
The increase to the penalty unit value will not be retrospective. It will only apply to offences committed after the amendments come into force. The amendments to the value of the penalty unit will not affect current proceedings for territory offences. The increase affects the maximum monetary fine a court can impose on an offender or a corporation. It does not create a mandatory monetary fine that the court will impose.
The court will consider the personal circumstances of a person when imposing a sentence, including the ability to pay a fine. The increase ensures the relative weight of penalties is maintained in line with the cost of living and continues to have a deterrent effect. I commend the bill to the Assembly.
Debate (on motion by Mr Hanson) adjourned to the next sitting.
Sentencing Legislation Amendment Bill 2018
Mr Rattenbury, pursuant to notice, presented the bill, its explanatory statement and a Human Rights Act compatibility statement.
Title read by Clerk.
MR RATTENBURY (Kurrajong—Minister for Climate Change and Sustainability, Minister for Corrections and Justice Health, Minister for Justice, Consumer Affairs and Road Safety and Minister for Mental Health) (11.46): I move:
That this bill be agreed to in principle.
I am pleased to present the Sentencing Legislation Amendment Bill 2018 to the Assembly. Sentencing in criminal matters is an important area of law that is constantly evolving, and this bill makes improvements to the administration of the intensive correction order scheme and community service work orders.
The bill is primarily concerned with improving the administration of the intensive correction order scheme that commenced in 2016. That scheme enables some offenders to serve a custodial sentence in the community, under strict supervision. The bill addresses several issues raised by stakeholders that need immediate clarification, in advance of a broader review of the scheme next year. The intensive correction order scheme is contained in the Crimes (Sentencing) Act 2005 and the