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Guide to Framing Commonwealth Offences, Infringement Notices and Enforcement Powers

Administrative law
Publication date

This guide assists Australian Government departments draft criminal offences, infringement notices and enforcement provisions that are intended to become part of Commonwealth law.

It provides information on the types of things to be considered when drafting or changing offences or enforcement powers.

Australian Government departments should refer to the guide when drafting these kinds of provisions.

Update—monetary value of a penalty unit (page 42 of the guide)

On 1 July 2020, the monetary value of a penalty unit increased from $210 to $222 (as per section 4AA of the Crimes Act 1914). The penalty unit is automatically adjusted every three years from 1 July 2017, in line with the Consumer Price Index. In accordance with section 4AA, the Attorney-General will provide notice of the new penalty unit amount via notifiable instrument, which can be found on the Federal Register of Legislation.

Departments should consult with the Criminal Law Section in this department before proceeding with draft provisions that are inconsistent with fundamental principles in the guide.

Enquiries about draft provisions or the guide can be directed to CriminalLaw@ag.gov.au.​