Legislation administered by the Department of Justice
Legislation administered by the Department of Justice is listed in the statutory rules made under the Administrative Arrangements Order 2022.
All bills tabled in Parliament since 2002 are available on the Parliamentary website.
Penalty units
Penalty units are used to work out the amount payable for fines for offences, such as drink driving and fishing offences.
Value of Indexed Amounts by Law
All values given on this page are also published in the Tasmanian Gazette before each new financial year.
Under the Penalty Units and Other Penalties Act 1987
For most offences in Tasmania, fines and penalties are given as penalties units.
These units are usually updated each financial year, based on the consumer price index (CPI). They are published below and in the Tasmanian Gazette before 1 June each year.
For 1 July 2023–30 June 2024, one penalty unit is $195.
Under the Civil Liability Act 2002
Indexed amount to which damages for non-economic loss is limited under the Civil Liability Act 2002
The amount to which damages for non-economic loss is limited
The amount is adjusted in $500 increments, based on the consumer price index (CPI). In the table below:
- Amount A: If the value is not a multiple of $500, it is rounded to the nearest multiple of $500.
- Amount B: is five times Amount A.
For 1 July 2023 to 30 June 2024
- Amount A: $7 000
- Amount B: $35 000
Defamation Act 2005
Indexed amount to which damages for non economic loss is limited under the Defamation Act 2005
provides for the periodic indexation of the amount to which damages for non economic loss is limited.
The value is calculated by the percentage change in the amount (estimated by the Australian Statistician) of the average weekly total earnings of full-time adults in Australia, over the four quarters before the date of the declaration. The revised figure is rounded to the nearest multiple of $500.
1 July 2023 to 30 June 2024
- $459 000
Variation of Trusts Act 1994
The Variation of Trusts Act 1994 allows the Attorney General to vary charitable trusts where the value of the trust does not exceed certain amounts.
Approval for the variation of trusts which exceed those limits must be sought from the Supreme Court.
Section 7 of this Act sets out the monetary limits of the Attorney General’s powers but provides that alternative amounts may be prescribed by regulation.
Prescribed limits
By the Variation of Trusts Regulations 2014, the amounts in Section 7 were increased (with effect from December 2014) as follows:
- if the trust property consists of or includes real property (section 7(1)(a)) from $200,000 to $300,000 and
- if the trust property consists of personal property only (section 7(1)(b)) from $100,000 to $150,000
Magistrates Court (Civil Division) Act 1992
The Magistrates Court (Civil Division) has jurisdiction to deal with civil claims that:
- fall within the monetary limits of the Court prescribed for section 7 of the Magistrates Court (Civil Division) Act 1992, or
- are considered ‘minor civil claims’ under section 3 of this Act.
Matters over the jurisdictional limit of the Civil Division fall within the jurisdiction of the Supreme Court.
The monetary limit for section 7s in section 3 of the Act, and is currently $50,000.
Section 3 sets monetary limits for ‘minor civil claims’ of $5,000 and allows:
- new monetary limits to be prescribed for ‘minor civil claims’ and
- matters to be prescribed as minor civil claims (which may not necessarily involve a monetary value).
Prescribed limits
By the Magistrates Court (Civil Division) (Minor Civil Claims) Regulations 2013 (S.R. 2013, No. 115) the following matters were prescribed to be minor civil claims:
- proceedings for damages under the Residential Tenancy Act 1997, if the amount claimed does not exceed $5,000
- proceedings under any provision of the Residential Tenancy Act 1997 that confers a right to apply to or appeal to the Court
- proceedings under any provision of the Irrigation Clauses Act 1973 that confers a right to apply to or appeal to the Court
- proceedings under any provision of the Access to Neighbouring Land Act 1992 that confers a right to apply to or appeal to the Court.
Community consultation
When the Department proposes new or amended legislation that requires consultation, it invites public comment.
Refer to Community consultation and review.