Document ID: chunk:federal_register_of_legislation:C2025C00189:section:51ae:p2
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 51AE (pt 2/3)
Character Range: 513390–516128

if an industry code confers on a person or body a function of providing, or a power to provide, exemptions from the code or specified provisions of the code, then (despite anything to the contrary in the code):
 (a) the function or power must be exercised by written instrument (an exemption instrument); and
 (b) if the code does not provide that an exemption instrument made under the code is a legislative instrument, then:
 (i) if each exemption provided by the instrument relates to a particular entity—the instrument is a notifiable instrument; or
 (ii) otherwise—the instrument is a legislative instrument.
Note: If the code provides that an exemption instrument made under the code is a legislative instrument, then the instrument is a legislative instrument: see subsection 8(2) of the Legislation Act 2003.

Requirements to provide information
 (1E) An industry code prescribed by the regulations:
 (a) may require a person or body to provide another person or body with information or documents relevant to the operation, application or administration of the code (whether or not any of those persons or bodies are participants in the industry to which the code relates); and
 (b) may confer on a person or body (whether or not a participant in the industry to which the code relates) a function of imposing, or a power to impose, a requirement of the kind mentioned in paragraph (a).
 (1F) Paragraph (1E)(b) does not limit subsection (1A).

Pecuniary penalties
 (2) If regulations prescribe an industry code (other than a code that relates to the industry of franchising), the industry code may prescribe a pecuniary penalty not exceeding 600 penalty units for a contravention of a civil penalty provision of the code.
 (2A) If regulations prescribe an industry code that relates to the industry of franchising, the industry code may do the following:
 (a) prescribe that the pecuniary penalty for a contravention of a civil penalty provision of the code by a body corporate is the greatest of the following:
 (i) $10,000,000;
 (ii) if the 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 Court cannot determine the value of that benefit—10% of the adjusted turnover of the body corporate during the period of 12 months ending at the end of the month in which the contravention occurred;
 (b) prescribe that the pecuniary penalty for a contravention of a civil penalty provision of the code by a person who is not a body corporate is $500,000;
 (c) if the code does not prescribe a pecuniary penalty mentioned