Document ID: chunk:federal_register_of_legislation:C2004A05132:clause:1_61
Version: federal_register_of_legislation:C2004A05132
Segment Type: clause
Provision Reference: sch 1 cl 61
Character Range: 30488–31741

61  Subsection 28(3)
Repeal the subsection, substitute:

 (3) If a solicitor, a solicitor corporation or a partnership of solicitors refuses or fails:
 (a) to communicate information to the Director when required under section 15A; or
 (b) to comply with a notice as required by subsection 27E(3);
the solicitor or corporation, or each member of the partnership, as the case may be, commits an offence against this section.

 (4) A person who commits an offence against this section is punishable, upon conviction, by imprisonment for not more than 2 years.

Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose in respect of an offence an appropriate fine instead of, or in addition to, a term of imprisonment. The maximum fine that a court can impose on an individual is worked out by multiplying the maximum term of imprisonment (in months) by 5, and then multiplying the resulting number by the amount of a penalty unit. The amount of a penalty unit is stated in section 4AA of that Act. If a body corporate is convicted of an offence, subsection 4B(3) of that Act allows a court to impose a fine that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.