Penalty units are used to define the amount payable for fines for many offences, eg traffic offences, breaches of environment protection law and for sale of alcohol or a tobacco product to a minor.
In Victoria the rate for penalty units is indexed annually, in line with inflation, with effect from 1 July each year.
Fee units are used to calculate the cost of a certificate, licence or registration that is set out in an Act or Regulation.
Units and the associated statutes vary across Australia. In most jurisdictions the dollar amount of a penalty or fee unit is identified is an Interpretation statute, Penalties statute or Crimes statute, for example the Crimes Act (Cth). The number of units for a specific offence or charge is typically identified in discrete legislation or in the Crimes Act for the particular jurisdiction. Reference to a statutory interpretation Act means that changes to the dollar amount involves amendment of that Act rather than the legislature considering and passing an amendment to every statute featuring a penalty or charge.
Examples include -
• Crimes Act 1914 (Cth) s4AA
• Legislation Act 2001 (ACT) s133
• Crimes (Sentencing Procedure) Act 1999 (NSW) s17
• Penalty Units Act 2009 (NT) s5
• Penalties & Sentences Act 1992 (Qld) s5
• Acts Interpretation Act 1915 (SA) s28A
• Penalty Units and Other Penalties Act 1987 (Tas) s4
• Monetary Units Act 2004 (Vic) s5
