Sentencing Amendment (Fines Without Recording Convictions) Act 2017
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
This Act may be cited as the Sentencing Amendment (Fines Without Recording Convictions) Act 2017 .
This Act commences on the day on which this Act receives the Royal Assent.
PART 2 - Sentencing Act 1997 Amended
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";(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 –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.(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 –(2) Despite any other enactment, if –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.(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 –(3) Nothing in this section is to be taken to authorise a court to impose, in relation to 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 2017
A provision of this Act that is amended by the Sentencing Amendment (Fines Without Recording Convictions) Act 2017 applies, as so amended, in relation to an offence whether the offence was committed before or after the provision was so amended.
PART 3 - Monetary Penalties Enforcement Act 2005 Amended
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".
PART 4 - Concluding Provision
This Act is repealed on the three hundred and sixty fifth day from the day on which it commences.
[Second reading presentation speech made in:
House of Assembly on 16 NOVEMBER 2016
Legislative Council on 15 MARCH 2017]