Document ID: chunk:federal_register_of_legislation:C2006A00131:clause:9_4
Version: federal_register_of_legislation:C2006A00131
Segment Type: clause
Provision Reference: sch 9 cl 4
Character Range: 156820–157987

4  Subsection 76(1A)
Repeal the subsection, substitute:

 (1A) The pecuniary penalty payable under subsection (1) by a body corporate is not to exceed:
 (a) for each act or omission to which this section applies that relates to section 45D, 45DB, 45E or 45EA—$750,000; and
 (b) for each act or omission to which this section applies that relates to any other provision of Part IV—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, have obtained directly or indirectly and that is reasonably attributable to the act or omission—3 times the value of that benefit;
 (iii) if the Court cannot determine the value of that benefit—10% 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 act or omission occurred; and
 (c) for each act or omission to which this section applies that relates to section 95AZN—$33,000; and
 (d) for each other act or omission to which this section applies—$10,000,000.

Note: For annual turnover, see subsection (5).