Document ID: chunk:federal_register_of_legislation:C2021C00356:section:25:p1
Version: federal_register_of_legislation:C2021C00356
Segment Type: section
Provision Reference: s 25 (pt 1/3)
Character Range: 45615–48289

25  Maximum penalties for contravention of civil penalty provisions
 (1) The maximum penalty payable under subsection 24(1) by a person in respect of a contravention of a civil penalty provision depends on:
 (a) whether the person has a prior record in relation to the civil penalty provision (see subsection (2)); and
 (b) whether the person is a body corporate; and
 (c) whether the civil penalty provision is subsection 11(1) or (7) or 12B(1) or (8).

Prior record
 (2) If:
 (a) on a particular day (the first day), the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) makes a civil penalty order against a person in respect of a contravention of a particular civil penalty provision; and
 (b) that is the first occasion on which a court makes a civil penalty order against the person in respect of a contravention of the civil penalty provision;
then, for the purposes of determining the penalty payable under subsection 24(1) by the person in respect of a contravention of the civil penalty provision that occurs after the first day, the person has a prior record in relation to the civil penalty provision.

Maximum penalty payable by body corporate—no prior record
 (3) If a body corporate does not have a prior record in relation to a particular civil penalty provision:
 (a) the penalty payable under subsection 24(1) by the body corporate in respect of a contravention of the civil penalty provision must not exceed:
 (i) if the civil penalty provision is subsection 11(1) or (7) or 12B(1) or (8)—100 penalty units; or
 (ii) in any other case—50 penalty units; and
 (b) if the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) finds that the body corporate has, on a particular day, committed 2 or more contraventions of the civil penalty provision—the total of the penalties payable under subsection 24(1) by the body corporate in respect of those contraventions must not exceed:
 (i) if the civil penalty provision is subsection 11(1) or (7) or 12B(1) or (8)—2,000 penalty units; or
 (ii) in any other case—1,000 penalty units.

Maximum penalty payable by a person other than a body corporate—no prior record
 (4) If a person other than a body corporate does not have a prior record in relation to a particular civil penalty provision:
 (a) the penalty payable under subsection 24(1) by the person in respect of a contravention of the civil penalty provision must not exceed:
 (i) if the civil penalty provision is subsection 11(1) or (7) or 12B(1) or (8)—20 penalty units; or
 (ii) in any other case—10 penalty units; and
 (b) if the Federal Court or the Federal Circuit and Family Court of Australia