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TASMANIA
__________
SENTENCING AMENDMENT (FINES WITHOUT
RECORDING CONVICTIONS) BILL 2016
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - SENTENCING ACT 1997 AMENDED
3. Principal Act
4. Section 4 amended (Interpretation)
5. Section 7 amended (Sentencing orders)
6. Section 8 amended (Combined sentencing orders)
7. Section 42B inserted
42B. Conviction not required for imposition of penalty
8. Section 44 amended (Period for payment of fine)
9. Section 62 amended (Breach of order for release on
adjournment)
10. Section 104AA inserted
104AA. Transitional provision in relation to Sentencing
Amendment (Fines Without Recording Convictions)
Act 2016
PART 3 - MONETARY PENALTIES ENFORCEMENT ACT 2005
AMENDED
11. Principal Act
[Bill 59]-XI
12. Section 3 amended (Interpretation)
13. Section 109 amended (Amount may be deemed to be
uncollectable)
PART 4 - CONCLUDING PROVISION
14. Repeal of Act
2
SENTENCING AMENDMENT (FINES WITHOUT
RECORDING CONVICTIONS) BILL 2016
(Brought in by the Minister for Building and Construction, the
Honourable Guy Barnett)
A BILL FOR
An Act to amend the Sentencing Act 1997, and the
Monetary Penalties Enforcement Act 2005, in relation to the
imposition of fines without convictions being recorded
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Sentencing
Amendment (Fines Without Recording
Convictions) Act 2016.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 59] 3
Sentencing Amendment (Fines Without Recording Convictions)
Act 2016
Act No. of
s. 3 Part 2 - Sentencing Act 1997 Amended
PART 2 - SENTENCING ACT 1997 AMENDED
3. Principal Act
In this Part, the Sentencing Act 1997* is referred
to as the Principal Act.
4. Section 4 amended (Interpretation)
Section 4 of the Principal Act is amended by
omitting "convicted of" from the definition of
fine and substituting "found guilty, or convicted,
of".
5. Section 7 amended (Sentencing orders)
Section 7(e) of the Principal Act is amended by
omitting "record a conviction and" and
substituting "with or without recording a
conviction,".
6. Section 8 amended (Combined sentencing orders)
Section 8 of the Principal Act is amended as
follows:
(a) by omitting from subsection (3) "records
a conviction and";
*No. 59 of 1997
4
Sentencing Amendment (Fines Without Recording Convictions)
Act 2016
Act No. of
Part 2 - Sentencing Act 1997 Amended s. 7
(b) by omitting from subsection (3)(b)
"make" and substituting "if the court
records a conviction, make";
(c) by omitting from subsection (4)(b)
"make" and substituting "if the court
records a conviction, make".
7. Section 42B inserted
Before section 43 of the Principal Act, the
following section is inserted in Part 6:
42B. Conviction not required for imposition of
penalty
(1) Despite any other enactment, if -
(a) a court has found a person guilty
of an offence against a provision
of an enactment; and
(b) the provision, or another
provision of the enactment, (the
relevant penalty provision)
contains a statement to the effect
that a fine may or must be
imposed if a person is convicted
of the offence -
the court may impose, in relation to the
offence, a fine in accordance with the
relevant penalty provision even though
the court has not convicted the person of
the offence.
5
Sentencing Amendment (Fines Without Recording Convictions)
Act 2016
Act No. of
s. 7 Part 2 - Sentencing Act 1997 Amended
(2) Despite any other enactment, if -
(a) a court has found a person guilty
of an offence (a first offence)
against a provision of an
enactment; and
(b) a court, after a court has found
the person guilty of the first
offence, finds the person guilty of
another offence (the further
offence) against the provision;
and
(c) the provision, or another
provision of the enactment, (the
penalty provision) contains a
statement to the effect that a fine
may or must be imposed in
relation to such an offence
against the provision if a person
is convicted of the offence and
has previously been convicted of
such an offence or another
offence -
the court may impose, in relation to the
further offence, a fine in accordance with
the penalty provision even though a court
has not convicted the person of either the
first offence or the further offence, or
both.
(3) Nothing in this section is to be taken to
authorise a court to impose, in relation to
6
Sentencing Amendment (Fines Without Recording Convictions)
Act 2016
Act No. of
Part 2 - Sentencing Act 1997 Amended s. 8
an offence committed by a person, a fine
of an amount that is greater than the
amount that could have been imposed if
the person had been convicted of the
offence.
8. Section 44 amended (Period for payment of fine)
Section 44(4)(a) of the Principal Act is amended
by inserting "or on which the finding of guilt
was made" after "conviction".
9. Section 62 amended (Breach of order for release on
adjournment)
Section 62(6) of the Principal Act is amended by
inserting "or a finding of guilt in relation to an
offence" after "offence".
10. Section 104AA inserted
After section 104 of the Principal Act, the
following section is inserted in Part 12:
104AA. Transitional provision in relation to
Sentencing Amendment (Fines Without
Recording Convictions) Act 2016
A provision of this Act that is amended
by the Sentencing Amendment (Fines
Without Recording Convictions) Act
2016 applies, as so amended, in relation
to an offence whether the offence was
7
Sentencing Amendment (Fines Without Recording Convictions)
Act 2016
Act No. of
s. 10 Part 2 - Sentencing Act 1997 Amended
committed before or after the provision
was so amended.
8
Sentencing Amendment (Fines Without Recording Convictions)
Act 2016
Act No. of
Part 3 - Monetary Penalties Enforcement Act 2005 Amended s. 11
PART 3 - MONETARY PENALTIES ENFORCEMENT
ACT 2005 AMENDED
11. Principal Act
In this Part, the Monetary Penalties Enforcement
Act 2005* is referred to as the Principal Act.
12. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by
inserting ", or found guilty," after "convicted" in
paragraph (a) of the definition of fine.
13. Section 109 amended (Amount may be deemed to be
uncollectable)
Section 109(5) of the Principal Act is amended
by inserting "or finding of guilt in respect of"
after "conviction for".
*No. 57 of 2005
9
Sentencing Amendment (Fines Without Recording Convictions)
Act 2016
Act No. of
s. 14 Part 4 - Concluding Provision
PART 4 - CONCLUDING PROVISION
14. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
10 Government Printer, Tasmania