Document ID: chunk:federal_register_of_legislation:C2025C00044:section:186a
Version: federal_register_of_legislation:C2025C00044
Segment Type: section
Provision Reference: s 186A
Character Range: 426880–429259

186A  Amount of penalty—breaches of certain provisions of Part 3A, 4, 6 or 6A

Infringement notice—bodies corporate
 (1) The penalty to be specified in an infringement notice for an alleged contravention of subsection 51B(1), 51F(1), 53(2), 74(1), (1A), (1B) or (1C), 75M(1), 76A(1) or (2) or 76P(1) by a body corporate must be a pecuniary penalty equal to:
 (a) if the alleged contravention is of a kind specified in the AML/CTF Rules under subsection (3)—the number of penalty units specified in the AML/CTF Rules in relation to that kind of contravention; or
 (b) otherwise—60 penalty units.

Infringement notice—persons other than bodies corporate
 (2) The penalty to be specified in an infringement notice for an alleged contravention of subsection 51B(1), 51F(1), 53(2), 74(1), (1A), (1B) or (1C), 75M(1), 76A(1) or (2) or 76P(1) by a person other than a body corporate must be a pecuniary penalty equal to:
 (a) if the alleged contravention is of a kind specified in the AML/CTF Rules under subsection (3)—the number of penalty units specified in the AML/CTF Rules in relation to that kind of contravention; or
 (b) otherwise—12 penalty units.

AML/CTF Rules may specify penalty units
 (3) For the purposes of paragraphs (1)(a) and (2)(a), the AML/CTF Rules may:
 (a) specify one or more kinds of alleged contraventions; and
 (b) for each kind of contravention—specify a particular number of penalty units that applies.
 (4) Without limiting the kinds of contraventions that may be specified in the AML/CTF Rules made under paragraph (3)(a), the contraventions may be described by reference to the following:
 (a) whether an alleged contravention is one of a number of alleged contraventions of a provision covered by subsection (1) or (2) that is specified in a particular infringement notice;
 (b) whether a person alleged to have contravened one or more provisions covered by subsection (1) or (2) has previously been given an infringement notice in relation to an alleged contravention of one or more of those provisions.
 (5) The number of penalty units specified in AML/CTF Rules made under paragraph (3)(b) in relation to a particular kind of contravention must not exceed:
 (a) in the case of an alleged contravention by a body corporate—120 penalty units; or
 (b) in the case of an alleged contravention by a person other than a body corporate—24 penalty units.