Document ID: chunk:federal_register_of_legislation:F2016C00713:clause:1_110
Version: federal_register_of_legislation:F2016C00713
Segment Type: clause
Provision Reference: sch 1 cl 110
Character Range: 187352–190614

110  Penalties
 (1) This section applies to a provision prescribing a penalty for an offence against this Act.
 (2) A penalty is:
 (a) a court‑imposed penalty; or
 (b) an infringement notice penalty; or
 (c) a demerit point.
      Drafting note: A demerit point may be applied under jurisdiction law as an administrative sanction.
 (3) A court‑imposed penalty is the maximum fine for an individual who is found guilty of the offence by a court.
 (4) An infringement notice penalty is the fine payable for the offence under an infringement notice issued to an individual.
 (5) The penalty for a category of offence in relation to a failure to comply with the standard hours, BFM hours or AFM hours is set out in the following table:

Offence category  Infringement notice penalty              Court‑imposed penalty
                                                           1st offence            2nd or subsequent offence
minor risk        for a breach of a short rest break—$200  $1 000                 $1 000
                  for any other breach—$300
substantial risk  $600                                     $2 000                 the court‑imposed penalty for a severe risk offence
severe risk       not available                            $5 000 +               the court‑imposed penalty for a critical risk offence
                                                           3 demerit points
critical risk     not available                            $10 000 +              $10 000 +
                                                           4 demerit points       $1 000 per 15 min breach +
                                                                                  4 demerit points

      Drafting note: Penalty levels proposed are indicative only.
 (6) The penalty for any other offence that specifies a category of offence is set out in the following table:

Offence category   Infringement notice penalty   Court‑imposed penalty
                                                 1st offence            2nd or subsequent offence
substantial risk   $600                          $2 000                 the court‑imposed penalty for a severe risk offence
severe risk        not available                 $5 000 +               the court‑imposed penalty for a critical risk offence
                                                 3 demerit points
critical risk      not available                 $10 000 +              $10 000 +
                                                 4 demerit points       4 demerit points

      Drafting note: Penalty levels proposed are indicative only.
 (7) A demerit point under this section may be applied for an offence only if the person who committed the offence did so as a driver.
 (8) For any offence under this Act the court‑imposed penalty for a body corporate is 5 times the court‑imposed penalty for an individual.
      Drafting note: This provision may not be required in certain jurisdictions that have this provision in Acts of general application.
 (9) A sanction available under the C & E Act may be applied in relation to an offence under this Act, unless the sanction is only able to be applied in relation to a breach of a mass, dimension or load restraint requirement under the C & E Act.