Document ID: chunk:federal_register_of_legislation:C2011A00060:clause:1_186a
Version: federal_register_of_legislation:C2011A00060
Segment Type: clause
Provision Reference: sch 1 cl 186A
Character Range: 39220–41693

186A  Amount of penalty—breaches of certain provisions of Part 6

Infringement notice—bodies corporate
 (1) The penalty to be specified in an infringement notice for an alleged contravention of subsection 74(1), (1A), (1B), or (1C) or 75M(1) (a Part 6 infringement notice provision) 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 a Part 6 infringement notice provision 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) set out one or more kinds of alleged contraventions of a Part 6 infringement notice provision; and
 (b) for each kind of contravention set out in the AML/CTF Rules—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 Part 6 infringement notice provision specified in a particular infringement notice;
 (b) whether a person alleged to have contravened one or more Part 6 infringement notice provisions has previously been given an infringement notice in relation to an alleged contravention of a Part 6 infringement notice provision.
 (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.
Note: The heading to section 186 is altered by adding at the end "—breaches of subsection 53(3) or 59(4)".