Australian Capital Territory Numbered Acts

STATUTE LAW AMENDMENT ACT 2007 (NO 2) (NO. 16 OF 2007) - SCHEDULE 2

Schedule 2     Legislation Act 2001

(see s 5)

[2.1]     Section 192 (1) (b) and (c)

substitute

        (b)     an offence by a corporation punishable by a prescribed fine;

Note     See s 161 for the fines that may be imposed on a corporation for offences punishable only by imprisonment.

        (c)     an aiding and abetting offence by an individual in relation to an offence by a corporation punishable by a prescribed fine.

Explanatory note

This amendment is related to the amendment below. It changes the reference to ‘a fine of 100 penalty units or more' in each paragraph to ‘a prescribed fine'.

[2.2]     Section 192 (4), new definition of prescribed fine

insert

"prescribed fine", for an offence, means—

        (a)     if the penalty for the offence is expressed in penalty units—100 penalty units or more; or

        (b)     if the penalty for the offence is expressed as an amount of money—$50 000 or more.

Explanatory note

This amendment follows on from the amendment above. The value of a penalty unit for an offence is $100 if the person charged is an individual and $500 if the person charged is a corporation (see Legislation Act, s 133). The amendment applies section 192 (1) (b) and (c) to an offence in relation to a corporation if the penalty for the offence is expressed, in dollars, as being $50 000 or more (which is equivalent in value to the 100 penalty units mentioned in the existing paragraphs). The amendment is made to deal with 2 main possibilities. First, that a penalty in a law of another jurisdiction that is applied by an ACT law has a fine expressed as an amount of money. Second, that legislation expresses a fine as an amount of money as part of implementing a uniform law.