Document ID: chunk:federal_register_of_legislation:C2018C00435:clause:1_8
Version: federal_register_of_legislation:C2018C00435
Segment Type: clause
Provision Reference: sch 1 cl 8
Character Range: 11400–12791

8  Subsection 104(2)
Repeal the subsection, substitute:
 (2) If the notice relates to only one alleged contravention of the provision by the person, the amount to be stated in the notice for the purposes of paragraph (1)(f) is the lesser of:
 (a) one‑fifth of the maximum penalty that a court could impose on the person for that contravention; and
 (b) 12 penalty units where the person is an individual, or 60 penalty units where the person is a body corporate.
 (3) If the notice relates to more than one alleged contravention of the provision by the person, the amount to be stated in the notice for the purposes of paragraph (1)(f) is the lesser of:
 (a) one‑fifth of the amount worked out by adding together the maximum penalty that a court could impose on the person for each alleged contravention; and
 (b) either:
 (i) if the person is an individual—the number of penalty units worked out by multiplying the number of alleged contraventions by 12; or
 (ii) if the person is a body corporate—the number of penalty units worked out by multiplying the number of alleged contraventions by 60.
Note: Under section 103, a single infringement notice may only deal with multiple contraventions if they are contraventions of a single provision continuing over a period.
 (4) Subsections (2) and (3) do not apply if another Act expressly provides otherwise.

Part 2—Application of amendments