Document ID: chunk:federal_register_of_legislation:C2024A00002:clause:1_153
Version: federal_register_of_legislation:C2024A00002
Segment Type: clause
Provision Reference: sch 1 cl 153
Character Range: 82830–83779

153  After subsection 546(2)
Insert:
 (2A) Despite paragraph (2)(b) and subsection (2AA), if:
 (a) the civil remedy provision is a selected civil remedy provision; and
 (b) the person is a body corporate; and
 (c) when the application for the order is made, the person is not a small business employer; and
 (d) the contravention is associated with an underpayment amount; and
 (e) the application specifies that the applicant wants the maximum penalty to be calculated based on a multiple of the underpayment amount; and
 (f) the person is not taken to have contravened the civil remedy provision under section 550 (person involved in a contravention);
the pecuniary penalty must not be more than the greater of the following:
 (g) the amount worked out in accordance with subsection (2AA);
 (h) 3 times the underpayment amount.
Note: For when contravention of a civil remedy provision is associated with an underpayment amount, see section 546A.