Document ID: chunk:federal_register_of_legislation:C2024C00826:section:288c
Version: federal_register_of_legislation:C2024C00826
Segment Type: section
Provision Reference: s 288C
Character Range: 628103–629557

288C  Penalty applicable to an offence committed by an individual
 (1) The penalty applicable to an offence committed by an individual is:
 (a) for an offence for which a fine is the only penalty specified—the fine specified; and
 (b) for an offence for which a term of imprisonment is the only penalty specified—either the term of imprisonment, the fine worked out under this section, or both.
 (2) If:
 (a) a term of imprisonment is the only penalty specified for an offence; and
 (b) the term of imprisonment is less than 10 years;
the fine mentioned in paragraph (1)(b) is the number of penalty units worked out using the individual fine formula.
 (3) The individual fine formula is:

 (4) If:
 (a) a term of imprisonment is the only penalty specified for the offence; and
 (b) the term of imprisonment is 10 years or more;
the fine mentioned in paragraph (1)(b) is the greater of:
 (c) 4,500 penalty units; and
 (d) if the court can determine the benefit derived and detriment avoided because of the offence—that amount multiplied by 3.
Note: See section 14 in relation to contraventions by partners in a partnership and section 15 in relation to contraventions by multiple trustees.
 (5) This section applies in relation to an offence committed by an individual unless there is a contrary intention under this Act in relation to the penalty applicable to the offence. In that case, the penalty applicable is the penalty specified for the offence.