The minimum fines for stock offences have increased from $200 to $1100 per animal or the value of the animal, whichever is the higher amount. Other amendments to the legislation will benefit investigating authorities and primary producers by: Empowering police to effectively investigate stock crime by extending stock-related search warrant durations from 7 to 21 days Modernising evidentiary requirements in stock offence prosecutions Maintaining the ability of police to immediately return cattle to victims of crime where there is no dispute as to ownership Streamlining the disposal process where there is a dispute as to ownership, allowing the stock to be …

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On 28 November 2012, the Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures) Bill 2012 received royal assent. This act increases the value of a penalty unit from $110 to $170.00 and requires the value of a penalty unit to be reviewed every three (3) years. The value of a penalty unit has not increased since 1997. The change affects the value of a penalty unit in most Commonwealth laws, including the Taxation Administration Act 1953. The new value of a penalty unit applies where the matter at giving rise to the penalty occurs on or after 28 December 2012.

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The Queensland Government in reaction to a number of police pursuits has imposed mandatory fines and disqualification periods for all offences of Evade Police.  While this may seem appropriate for substantial offences involving dangerous, high speed, police pursuits, the reality is that minor infringements will also see the imposition of these mandatory sentences. Section 754 of the Police Powers and Responsibilities Act 2000, makes it an offence for a driver of a motor vehicle to fail to stop if a police officer, using a police service vehicle, gives the driver a direction to stop the motor vehicle. A police officer will usually …

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New mobile phone laws came into effect last year on 1st November in New South Wales, where if your car is moving or stationary, you can not utilise your mobile phone in any way. This includes phone calls and texting obviously, but also includes playing music or having your phone switched on and in your lap. Queensland counterparts have yet to confirm whether they are introducing the new laws although police have a zero tolerance attitude toward mobile phone usage by drivers. Last financial year, Queensland Police fined 30,780 drivers for talking or texting on phones at the wheel, including …

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It is an important sentencing principle that parity exist in sentences imposed for like offences.  In a diverse state such a Queensland, with three levels of Courts; Magistrates, District and Supreme, there needs to be an overriding set of guidelines to ensure that sentences imposed upon offenders are consistent.  The Penalties and Sentences Act sets out the parameters within which the courts must operate. The legislation does this by setting out the purpose of imposing sentences and then establishes the principles that the Court is to apply in achieving those purposes. The purpose of imposing a sentence can be classified …

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21 Aug

OFFENDER LEVY

Defendants found guilty of offences in the Supreme, District and Magistrates Courts will pay an offender levy with recent amendments to the Penalties and Sentences Act 1992 (“the Act”). The levy will apply as follows: Supreme Court       $300.00 District Court          $300.00 Magistrates Court    $100.00 This levy will apply to all adult offenders; there are no exceptions regardless of the nature of the offence or the offender’s personal circumstances. The offender levy is automatically imposed at the conclusion of sentencing as an administrative levy and is in addition to any other sentence imposed. The levy must …

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