Document ID: chunk:federal_register_of_legislation:C2016A00015:clause:2_1:p3
Version: federal_register_of_legislation:C2016A00015
Segment Type: clause
Provision Reference: sch 2 cl 1 (pt 3/4)
Character Range: 13816–16485

is punishable on conviction by imprisonment for not more than 5 years, a fine not more than 5,000 penalty units, or both.

Penalty for body corporate
 (4) An offence against this section committed by a body corporate is punishable on conviction by a fine not more than the greatest of the following:
 (a) 50,000 penalty units;
 (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 conduct constituting the offence—1.5 times the value of that benefit;
 (c) if the court cannot determine the value of that benefit—5% of the annual turnover of the body corporate during the period (the turnover period) of 12 months ending at the end of the month in which the conduct constituting the offence occurred.

490.3  Meaning of annual turnover
 (1) For the purposes of this Division, the annual turnover of a body corporate, during the turnover period, is the sum of the values of all the supplies that the body corporate, and any body corporate related to the body corporate, have made, or are likely to make, during that period, other than the following supplies:
 (a) supplies made from any of those bodies corporate to any other of those bodies corporate;
 (b) supplies that are input taxed;
 (c) supplies that are not for consideration (and are not taxable supplies under section 72‑5 of the A New Tax System (Goods and Services Tax) Act 1999);
 (d) supplies that are not made in connection with an enterprise that the body corporate carries on.
 (2) Expressions used in this section that are also used in the A New Tax System (Goods and Services Tax) Act 1999 have the same meaning in this section as they have in that Act.

490.4  Related bodies corporate
  The question whether 2 bodies corporate are related to each other is to be determined for the purposes of this Division in the same way as for the purposes of the Corporations Act 2001.

490.5  Proof of certain matters unnecessary
  In a prosecution for an offence against this Division, it is not necessary to prove:
 (a) the occurrence of any of the following:
 (i) the defendant receiving or giving a benefit;
 (ii) another person receiving or giving a benefit;
 (iii) loss to another person; or
 (b) that the defendant intended that a particular person receive or give a benefit, or incur a loss.

490.6  Consent to commencement of proceedings
 (1) Proceedings for an offence against this Division must not be commenced without the Attorney‑General's written consent if:
 (a) the conduct constituting the alleged offence occurs wholly in a foreign