approving officer to vary the DPA, or to require payment of interest on particular amounts not paid by a due date specified in a DPA. Financial penalty The financial penalty imposed by a DPA must be of a severity that is appropriate having regard to all circumstances relating to the DPA. Section 17C(3) of the DPP Act requires the CDPP to have regard to the following factors when determining an appropriate financial penalty: the extent to which the corporation has cooperated with Commonwealth agencies during DPA negotiations (a high level of cooperation may justify a lower financial penalty) the severity of the penalty that may be imposed by a court if the corporation was convicted of each offence specified in the DPA, and the inclusion of other terms in the DPA that require payments to be made by the corporation (if other terms of the DPA require the corporation to make significant payments, a lower financial penalty may be appropriate). In determining an appropriate financial penalty, the CDPP will consider factors relevant to the case at hand. These factors may include the nature and circumstances of the misconduct the circumstances of the corporation any other relevant offending (including any pattern of offending) any other ongoing legal proceedings and other fines, penalties or other sanctions that have been imposed on the corporation with respect to the misconduct the personal circumstances of any victim of the misconduct any injury, loss or damage resulting from the misconduct the degree to which the corporation has shown contrition for the offence by taking action to make reparation for any injury, loss or damage resulting from the offence, or in any other manner the degree to which the corporation has cooperated with law enforcement agencies in the investigation of the offence or of other offences the need to ensure that the corporation is adequately punished for the offence, and any other factor that might be considered by a Court in determining an appropriate sentence for the relevant misconduct (as outlined in section 16A of the Crimes Act 1914). Section 17C(4) of the DPP Act provides that a DPA does not need to include a financial penalty if the Director of the CDPP is satisfied that exceptional circumstances apply. If a corporation considers that
140 – Receiving a designated service using a false customer name or customer anonymity 141 – Customer commonly known by 2 or more different names – disclosure to reporting entity 142 – Conducting transactions so as to avoid reporting requirements relating to threshold transactions 143 – Conducting transfers so as to avoid reporting requirements relating to cross-border movements of physical currency 162 – External audits – compliance Autonomous Sanctions Act 2011 16 – Contravening a sanction law – offence 17 – False or misleading information given in connection with a sanction law – offence Charter of the United Nations Act 1945 20 – Dealing with freezable assets – offence 21 – Giving an asset False or misleading information given in connection with a sanction law – offence 27 – Contravening a UN sanction enforcement law – offence 28 – False or misleading information given in connection with a UN sanction enforcement law – offence Corporations Act 2001 1041A – Market manipulation 1041B – False trading and market rigging—creating a false or misleading appearance of active trading etc. 1041C – False trading and market rigging—artificially maintaining etc. trading price 1041D – Dissemination of information about illegal transactions 1041E – False or misleading statements 1041F – Inducing persons to deal 1041G – Dishonest conduct 1043A – Prohibited conduct by person in possession of inside information 1307 – Falsification of books Criminal Code Act 1995 70.2 – Bribing a foreign public official 131.1 – Theft 134.1 – Obtaining property by deception 134.2 – Obtaining a financial advantage by deception 135.1 – General dishonesty 135.4 – Conspiracy to defraud 141.1 – Bribery of a Commonwealth public official 142.1 – Corrupting benefits given to, or received by, a Commonwealth public official 144.1 – Forgery 145.1 – Using forged document 145.2 – Possession of forged document
145.3 – Possession, making or adaptation of devices etc. for making forgeries 145.4 – Falsification of documents etc. 145.5 – Giving information derived from false or misleading documents 400.3 – Dealing in proceeds of crime etc.—money or property worth $1,000,000 or more 400.4 – Dealing in proceeds of crime etc.—money or property worth $100,000 or more 400.5 – Dealing in proceeds of crime etc.—money or property worth $50,000 or more 400.6 – Dealing in proceeds of crime etc.—money or property worth $10,000 or more 400.7 – Dealing in proceeds of crime etc.—money or property worth $1,000 or more 400.8(1) – Dealing in proceeds of crime etc.—money or property of any value 400.9 – Dealing with property reasonably suspected of being proceeds of crime etc. 480.4 – Dishonestly obtaining or dealing in personal financial information 480.5 – Possession or control of thing with intent to dishonestly obtain or deal in personal financial information 480.6 – Importation of thing with intent to dishonestly obtain or deal in personal financial information 490.1 – Intentional false dealing with accounting documents 490.2 – Reckless false dealing with accounting documents