ACT
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Children and Young People Act 1999 (ACT) s 159(2) (maximum penalty of 50 penalty units ($5000), 6 months’ imprisonment, or both).
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$100 (see note in CYP Act)
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Legislation Act s 133: $110 (am by Legislation (Penalty Units) Amendment Act 2009 No 35) comm 21 Oct 2009) so from 21 Oct 2009 to 31 Dec 2012 penalty was 50 penalty units ($5500), 6 months’ imprisonment, or both. (Note: penalty unit now $140 since 23 August 2013, am by Legislation (Penalty Units) Amendment Act 2013)
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NSW
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Children and Young Persons (Care and Protection) Act 1998 s 27(2) (maximum penalty of 200 penalty units, hence $22,000)
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A penalty unit was $110: Crimes (Sentencing Procedure) Act 1999 s 17
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NSW penalty unit remains $110 but now no penalty as the penalty was removed from s 27 by the Children Legislation Amendment (Wood Inquiry Recommendations) Act 2009 No 13, Schedule 1.1 [7], comm 24 January 2010
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NT
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Community Welfare Act 1983 (NT) s 14(1) (maximum penalty of 200 penalty units, hence $22,000)
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A penalty unit was $110: Penalty Units Act (NT) s 3(1))
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The maximum penalty remains 200 penalty units. The Penalty Units Act s 3 sets the value of a penalty unit as $130, so the maximum penalty is $26,000.
(Note: Community Welfare Amendment Act 2002 (Act No. 61; comm 9 December 2002) s 10 increased the maximum penalty from $500 to 200 penalty units.
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QLD
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Health Act 1937 (Qld) s 76KE (maximum penalty of 50 penalty units, hence $3750)
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A penalty unit was $75: Penalties and Sentences Act 1992 (Qld) s 5(1)(b))
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The penalty unit value has changed from 2003-2012 as follows: from 27 Nov 2000: s 5(1)(b): $75 (1999 No 70 s 166 sch 1); from 1 January 2009: s 5(1)(c): $100 (2008 No 66 s 3(2)); renumb as s 5(1)(d) by 2011 No 18 s 403; from 21 August 2012: s 5(1)(d): $110 (2012 No 17 s 34). PHA: 50 penalty units ($5500); EGPA: 20 pen. units ($2200)
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SA
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Children’s Protection Act 1993 (SA) s 11(1) (maximum penalty of $2500)
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na
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Increased to $10,000 by the Children’s Protection (Miscellaneous) Amendment Act 2005 (SA) (No 76) s 10(1) (comm 31/12/2006).
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TAS
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Children, Young Persons and Their Families Act 1997 (Tas) s 14(2)(b) (maximum penalty of 20 penalty units, hence $2000
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A penalty unit was $100: Penalty Units and Other Penalties Act 1987 (Tas) s 4)
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Increased to $2400 as penalty unit increased to $120 (comm 24 October 2007 – am by Act 37 of 2007)
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VIC
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Children and Young Persons Act 1989 (Vic) s 64(1A) (maximum penalty of 10 penalty units, hence $1000
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A penalty unit was $100: Sentencing Act 1991 (Vic) s 110;
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Children, Youth and Families Act 2005 (Vic), s 184(1) maximum penalty is 10 penalty units. Through Sentencing Act 1991 (Vic), s 110 and Monetary Units Act 2004 (No 10 of 2004), the value of a penalty provision can be indexed and amended. Under the MUA 2004 s 11(1)(b) a penalty unit for the 2012/13 financial year was $140.84. So, the maximum penalty since 1 July 2012 has been $1408.
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WA
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None
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Not applicable
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From 1 January 2009: $6000.
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