Document ID: chunk:federal_register_of_legislation:C2019A00017:clause:1_1317g:p1
Version: federal_register_of_legislation:C2019A00017
Segment Type: clause
Provision Reference: sch 1 cl 1317G (pt 1/2)
Character Range: 92778–95650

1317G  Pecuniary penalty orders

Court may order person to pay pecuniary penalty
 (1) A Court may order a person to pay to the Commonwealth a pecuniary penalty in relation to the contravention of a civil penalty provision if:
 (a) a declaration of contravention of the civil penalty provision by the person has been made under section 1317E; and
 (b) if the contravention is of a corporation/scheme civil penalty provision, the contravention:
 (i) materially prejudices the interests of the corporation, scheme or fund, or its members; or
 (ii) materially prejudices the corporation's ability to pay its creditors; or
 (iii) is serious; and
 (c) if the contravention is of a financial services civil penalty provision that is not a Part 7.7A civil penalty provision, the contravention:
 (i) materially prejudices the interests of acquirers or disposers of the relevant financial products; or
 (ii) materially prejudices the issuer of the relevant financial products or, if the issuer is a corporation, scheme or fund, the members of that corporation, scheme or fund; or
 (iii) is serious; and
 (d) if the contravention is of subsection 1211B(1) or (2) (complying with the Passport Rules for this jurisdiction), the contravention:
 (i) materially prejudices the interests of the passport fund or its members; or
 (ii) is serious.
The order is a pecuniary penalty order.

Maximum pecuniary penalty
 (2) The pecuniary penalty must not exceed the pecuniary penalty applicable to the contravention of the civil penalty provision.

Pecuniary penalty applicable to the contravention of a civil penalty provision—by an individual
 (3) The pecuniary penalty applicable to the contravention of a civil penalty provision by an individual is the greater of:
 (a) 5,000 penalty units; and
 (b) if the Court can determine the benefit derived and detriment avoided because of the contravention—that amount multiplied by 3.

Pecuniary penalty applicable to the contravention of a civil penalty provision—by a body corporate
 (4) The pecuniary penalty applicable to the contravention of a civil penalty provision by a body corporate is the greatest of:
 (a) 50,000 penalty units; and
 (b) if the Court can determine the benefit derived and detriment avoided because of the contravention—that amount multiplied by 3; and
 (c) either:
 (i) 10% of the annual turnover of the body corporate for the 12‑month period ending at the end of the month in which the body corporate contravened, or began to contravene, the civil penalty provision; or
 (ii) if the amount worked out under subparagraph (i) is greater than an amount equal to 2.5 million penalty units—2.5 million penalty units.

Contrary intention in relation to pecuniary penalty applicable
 (5) Subsections (3) and (4) apply in relation to a contravention of a civil penalty provision by an individual or a body corporate unless there