Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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 16(1), (6) or (9).
(a) on a particular day (the first day ), the Federal Court makes an order under subsection 24(1) against a person in respect of a contravention of a particular civil penalty provision; and
(b) that is the first occasion on which the Federal Court makes an order under subsection 24(1) 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 16(1), (6) or (9)--100 penalty units; or
(ii) in any other case--50 penalty units; and
(b) if the Federal Court 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 16(1), (6) or (9)--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 16(1), (6) or (9)--20 penalty units; or
(ii) in any other case--10 penalty units; and
(b) if the Federal Court finds that the person 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 person in respect of those contraventions must not exceed:
(i) if the civil penalty provision is subsection 16(1), (6) or (9)--400 penalty units; or
(ii) in any other case--200 penalty units.
Maximum penalty payable by body corporate--prior record
(5) If a body corporate has 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 16(1), (6) or (9)--500 penalty units; or
(ii) in any other case--250 penalty units; and
(b) if the Federal Court 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 16(1), (6) or (9)--10,000 penalty units; or
(ii) in any other case--5,000 penalty units.
Maximum penalty payable by a person other than a body corporate--prior record
(6) If a person other than a body corporate has 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 16(1), (6) or (9)--100 penalty units; or
(ii) in any other case--50 penalty units; and
(b) if the Federal Court finds that the person 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 person in respect of those contraventions must not exceed:
(i) if the civil penalty provision is subsection 16(1), (6) or (9)--2,000 penalty units; or
(ii) in any other case--1,000 penalty units.