Document ID: chunk:federal_register_of_legislation:C2024A00062:clause:2_7
Version: federal_register_of_legislation:C2024A00062
Segment Type: clause
Provision Reference: sch 2 cl 7
Character Range: 47743–49156

7  Before subsection 205F(5A)
Insert:
 (5AE) The pecuniary penalty payable by a person in respect of a contravention of subsection 146W(2) must not exceed:
 (a) if the person is a body corporate—whichever of the following is greater:
 (i) 10,000 penalty units;
 (ii) if the Court can determine the value of the benefit that the body corporate, and any body corporate related to the body corporate, has obtained directly or indirectly and that is reasonably attributable to the contravention—3 times the value of that benefit;
 (iii) if the Court cannot determine the value of that benefit—2% 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 contravention occurred; or
 (b) if the person is not a body corporate—2,000 penalty units.
 (5AF) The pecuniary penalty payable by a person in respect of a contravention of subsection 146Y(4) must not exceed:
 (a) if the person is a body corporate—5,000 penalty units; or
 (b) if the person is not a body corporate—1,000 penalty units.
 (5AG) The pecuniary penalty payable by a person in respect of:
 (a) a contravention of subsection 146Z(3); or
 (b) a contravention of section 205E that relates to a contravention of subsection 146Z(3);
must not exceed:
 (c) if the person is a body corporate—40 penalty units; and
 (d) if the person is not a body corporate—30 penalty units.