South Australian Numbered Acts South Australian Numbered Acts44—Insertion of sections 300A and 300B
After section 300 insert:
300A—Indexation of civil penalty amounts
(1) Each civil penalty amount is to be adjusted in accordance with the method prescribed by the National Regulations for the purposes of this section.
(2) The first adjustment is to occur on 1 July 2023.
(3) The next adjustment is to occur on 1 July 2026 and an adjustment is to occur on 1 July every 3 years after that.
(4) The AER must, on or as soon as practicable after the date of the first adjustment and before each subsequent adjustment, publish on its website the civil penalty amounts that apply on and from the date of the adjustment. However, a failure by the AER to do so does not invalidate an adjustment.
(5) A civil penalty amount that is adjusted under this section applies to a breach of a civil penalty provision that occurs or is alleged to occur on or after the date of the adjustment.
(6) In this section—
"civil penalty amount" means each amount specified in section 4A(1)(a), (b) or (c)(i) or (ii)(A).
300B—Indexation of criminal penalties
(1) Each criminal penalty amount is to be adjusted in accordance with the method prescribed by the National Regulations for the purposes of this section.
(2) The first adjustment is to occur on 1 July 2023.
(3) The next adjustment is to occur on 1 July 2026 and an adjustment is to occur on 1 July every 3 years after that.
(4) The AER must, on or as soon as practicable after the date of the first adjustment and before each subsequent adjustment, publish on its website the criminal penalty amounts that apply on and from the date of the adjustment. However, a failure by the AER to do so does not invalidate an adjustment.
(5) A criminal penalty amount that is adjusted under this section applies to a breach of a provision that occurs or is alleged to occur on or after the date of the adjustment.
(6) In this section—
"criminal penalty amount" means any amount, specified in this Law, which is the maximum monetary penalty that may be imposed on conviction for the commission of an offence against this Law.