Document ID: chunk:federal_register_of_legislation:C2024A00062:clause:1_17
Version: federal_register_of_legislation:C2024A00062
Segment Type: clause
Provision Reference: sch 1 cl 17
Character Range: 29519–31201

17  After subsection 205F(5AA)
Insert:
 (5AB) The pecuniary penalty payable by a person in respect of:
 (a) a contravention of subsection 130ZZN(1), (2), (3) or (4); or
 (b) a contravention of section 205E that relates to a contravention of subsection 130ZZN(1), (2), (3) or (4);
must not exceed:
 (c) if the person is a body corporate—whichever of the following is greatest:
 (i) 10,000 penalty units;
 (ii) if the Federal Court can determine the value of the benefit that the body corporate, and any body corporate related to the body corporate, has obtained directly or indirectly and that is reasonably attributable to the contravention—3 times the value of that benefit;
 (iii) if the Federal Court cannot determine the value of that benefit—2% of the annual turnover of the body corporate during the period (the turnover period) of 12 months ending at the end of the month in which the contravention occurred; or
 (d) if the person is not a body corporate—2,000 penalty units.
 (5AC) The pecuniary penalty payable by a person in respect of:
 (a) a contravention of subsection 130ZZP(3); or
 (b) a contravention of section 205E that relates to a contravention of subsection 130ZZP(3);
must not exceed:
 (c) if the person is a body corporate—5,000 penalty units; and
 (d) if the person is not a body corporate—1,000 penalty units.
 (5AD) The pecuniary penalty payable by a person in respect of:
 (a) a contravention of subsection 130ZZQ(3); or
 (b) a contravention of section 205E that relates to a contravention of subsection 130ZZQ(3);
must not exceed:
 (c) if the person is a body corporate—40 penalty units; and
 (d) if the person is not a body corporate—30 penalty units.