Under most Commonwealth laws, financial penalties are generally expressed in terms of ‘penalty units’ instead of dollar figures. As an example, a maximum fine would generally be expressed as ‘10 penalty units’ as opposed to a dollar value of $2,100.00. On 1 July 2017, the value of one Commonwealth penalty unit increased from $180.00 to $210.00.
Furthermore, the maximum financial penalties for committing Commonwealth offences also rose from this date. This increase is intended to ensure that penalties remain an effective punishment and deterrent to the commission of Commonwealth offences. To ensure the real value of the penalty unit is maintained, it will be automatically increased according to inflation every three years, beginning from 1 July 2020.
The Department of Immigration and Border Protection (DIBP) recognises that behaviour falls within a spectrum ranging from positive compliance through to intentional or criminal non-compliance. As a result, they employ a suite of treatments that are proportionate to the compliance behaviours identified, and the level of risk they pose. These measures include education and awareness initiatives, through to the issuing of administrative penalties or prosecution for systemic or serious breaches.
The new penalty unit value will only apply to offences that are committed on or after 1 July 2017. This means that the changes will not apply to current proceedings or offences that were committed before this date. Any fines imposed for offences committed before 1 July 2017 will be based on the value of the penalty unit at the time the offence was committed. DIBP has published a table online illustrating the change, with examples that indicate the maximum penalty a court may impose under the Infringement Notice Scheme.
Would-be offenders and other interested parties are invited to view the table in the PDF doc: http://www.border.gov.au/Customsnotices/Documents/dibp-notice-2017-19.pdf
