Document ID: chunk:federal_register_of_legislation:F2022C01111:clause:1_5a
Version: federal_register_of_legislation:F2022C01111
Segment Type: clause
Provision Reference: sch 1 cl 5A
Character Range: 28516–29498

5A  Amount of civil penalty for certain contraventions by bodies corporate
 (1) This clause has effect for the purposes of the following civil penalty provisions of this code:
 (a) subclauses 17(1) and (2);
 (b) clause 33;
 (c) subclauses 46A(1), (2) and (3);
 (d) clause 46B.
 (2) The amount of the civil penalty for a contravention of a civil penalty provision referred to in subclause (1) by a body corporate is the greatest 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, has obtained directly or indirectly and that is reasonably attributable to the contravention—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 period of 12 months ending at the end of the month in which the contravention occurred.

Division 3—Obligation to act in good faith