Document ID: chunk:federal_register_of_legislation:C2004A04724:body:0:p34
Version: federal_register_of_legislation:C2004A04724
Segment Type: other
Provision Reference: 
Character Range: 84727–86463

intentionally or recklessly permits or authorises a contravention by the company or corporation, the reference in subsection (1) to the penalty provided in respect of the contravention is a reference to:

     (a) the penalty that would apply to an individual in respect of the contravention; or

     (b) if there is no penalty provided for an individual—a penalty not exceeding one-fifth of the penalty applying to the company or corporation in respect of that contravention.

  "(3) If:

  (a) a company or corporation is the agent of an individual; and

     (b) a director of the company or an employee or agent of the corporation intentionally or recklessly permits or authorises a contravention of this Act by the company or corporation in its capacity as agent of the individual;

then, despite subsection (1), the offence committed by the company or corporation as agent is punishable by a penalty not exceeding 5 times the penalty applying to the individual.".

31. Subsection 48(1):

  Omit "$500", substitute "10 penalty units".

NOTES

  1. No. 76, 1973, as amended. For previous amendments, see No. 216, 1973; No. 157, 1976; No. 31, 1977; Nos. 92 and 177 (as amended by No. 26, 1982), 1981; Nos. 54 and 129 (as amended by No. 72, 1984; and No. 16, 1989), 1983; No. 72, 1984; No. 187, 1985; No. 168, 1986; No. 99, 1987; Nos. 38 and 87, 1988; No. 16, 1989; Nos. 32 and 149, 1991; Nos. 1, 6 and 210, 1992; and No. 88, 1993.

  2. No. 75, 1984, as amended. For previous amendments, see Nos. 76 and 168, 1986; No. 99, 1987; No. 38, 1988; No. 16, 1989; No. 149, 1991; and No. 210, 1992.

3. No. 1, 1992.

[Minister's second reading speech made in—
     Senate on 16 December 1993
     House of Representatives on 23 March 1994]