Document ID: chunk:federal_register_of_legislation:C2018A00093:clause:1_33
Version: federal_register_of_legislation:C2018A00093
Segment Type: clause
Provision Reference: sch 1 cl 33
Character Range: 18643–19556

33  After subsection 168(2) of Schedule 2
Insert:

Penalty
 (2A) An offence against subsection (1) committed by a body corporate is punishable on conviction by a fine of not more than the greater of the following:
 (a) $10,000,000;
 (b) if the court can determine the value of the benefit that the body corporate, and any body corporate related to the body corporate, have obtained directly or indirectly and that is reasonably attributable to the commission of the offence—3 times the value of that benefit;
 (c) if the court cannot determine the value of that benefit—10% of the annual turnover of the body corporate during the 12‑month period ending at the end of the month in which the body corporate committed, or began committing, the offence.
 (2B) An offence against subsection (1) committed by a person other than a body corporate is punishable on conviction by a fine of not more than $500,000.

Other