Document ID: chunk:federal_register_of_legislation:C2025C00189:section:14:p1
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 14 (pt 1/2)
Character Range: 1131705–1134587

14                           any other provision to which this section applies                                                                                                                                              $10,000,000                                                                                             $500,000

Note 1: Item 3 also applies to pecuniary penalties ordered under subsection (1) in respect of an act or omission that relates to subsection 10.49A(1), 10.60(1) or 10.65(1): see subsection 10.49A(2), 10.60(2) or 10.65(2).
Note 2: Pecuniary penalties may not be ordered under subsection (1) against certain individuals in relation to contraventions of section 153E, 153F, 153G or 153H in certain circumstances: see section 153ZD.
 (1B) For the purposes of items 1, 3, 6, 7A, 7C, 7D and 13 of the table in subsection (1A), the amounts are as follows:
 (a) $50,000,000;
 (b) if item 1 or 13 of the table applies, and the Court can determine the total value of the benefits that have been obtained (within the meaning of Division 1 of Part IV) by one or more persons and that are reasonably attributable to the act or omission—3 times that total value;
 (c) if item 3, 6, 7A, 7C or 7D of the table applies, and the Court can determine the value of the benefit that the body corporate, and any body corporate related to the body corporate, have obtained directly or indirectly and that is reasonably attributable to the act or omission—3 times the value of that benefit;
 (d) if the Court cannot determine the value of those benefits or that benefit—30% of the body corporate's adjusted turnover during the breach turnover period for the act or omission.
 (1C) For the purposes of item 9 of the table in subsection (1A), the amounts are as follows:
 (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, have obtained directly or indirectly and that is reasonably attributable to the act or omission—3 times the value of that benefit;
 (c) if the Court cannot determine the value of that benefit—10% of the body corporate's adjusted turnover during the 12‑month period ending at the end of the month in which the act or omission occurred or started to occur.
 (2) Nothing in subsection (1) authorises the making of an order against an individual because the individual has contravened or attempted to contravene, or been involved in a contravention of, section 45D, 45DA, 45DB, 45E or 45EA.
 (3) If conduct constitutes a contravention of two or more provisions of Part IV (other than section 45AF or 45AG), or two or more provisions of section 53ZQ, a proceeding may be instituted under this Act against a person in relation to the contravention of any one or more of the provisions but a person is not liable to more than one pecuniary penalty under this