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Australia – Penalties increase

By 2 Mins Read
  ACBP Notice 2012/70 dated December 6, 2012 announced that higher financial penalties will soon be in place for breaches of most Commonwealth laws. Under most Commonwealth laws, financial penalties are expressed in terms of ‘penalty units’ instead of dollar figures. As an example, Commonwealth legislation would generally express a maximum fine as ‘10 penalty units’ as opposed to ‘A$1,100’.

On December 28, 2012, the value of a penalty unit will increase from A$110 to A$170.  This means that the maximum financial penalties for committing various Commonwealth offences, including those under the Customs Act 1901, will rise accordingly. The penalty unit value has not changed since 1997, meaning the real value of the penalty unit has reduced.  This change is necessary to ensure that financial penalties remain effective deterrents to the commission  of Commonwealth  offences.

The new penalty unit value will only apply to offences committed on or after December 28, 2012. This means the changes will not impact on current or future proceedings, or other action that may be taken, in relation to offences committed before this date.  Any penalties, including those specified in ACBP infringement notices, for offences committed before December 28, 2012, will attract the current penalty unit amount of A$110. To illustrate further the change, please see the following table from the Notice.

Customs Act offence  Offence and corresponding infringement notice scheme (INS) penalty for conduct that occurred before 28 December 2012  Offence and INS penalty for conduct that occurs on or after 28 December 2012 
   Natural Person  Body Corporate Natural Person Body Corporate 
Sections 33(2), (3) and (6) interfering
with goods subject to Customs control

Up to 60 penalty units ($6,600)
INS- 12 penalty units ($1,320)

 Up to 300 penalty units
($33,000) INS-12 penalty units ($1,320)		 Up to 60 penalty units ($10,200) INS- 12 penalty units ($2,040)  Up to 300 penalty units ($51,000) INS- 12 penalty units ($2,040) 
Section 77R(1) Breach of conditions of a depot licence Up to 50 penalty units ($5,500) INS- 10 penalty units {$1,100) Up to 250 penalty units ($27,500) INS- 10 penalty units ( $1,100)  Up to 50 penalty units ($8,500) INS- 10 penalty units ($1,700)  Up to 250 penalty units ($42,500) INS- 10 penalty units ($1,700) 

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