Document ID: chunk:federal_register_of_legislation:C2025C00185:section:19
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 19
Character Range: 5644342–5646854

19                                              Section 965                  Anti‑avoidance of Part 7.7A provisions

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 is a contrary intention under this Act in relation to the pecuniary penalty applicable to the contravention. In that case, the pecuniary penalty applicable is the penalty specified for the civil penalty provision.

Determining pecuniary penalty
 (6) In determining the pecuniary penalty, the Court must take into account all relevant matters, including:
 (a) the nature and extent of the contravention; and
 (b) the nature and extent of any loss or damage suffered because of the contravention; and
 (c) the circumstances in which the contravention took place; and
 (d) whether the person has previously been found by a court (including a court in foreign country) to have engaged in similar conduct; and
 (e) in the case of a contravention by the trustee of a registrable superannuation entity—the impact that the penalty under consideration would have on the beneficiaries of the entity.