Commonwealth Consolidated Acts Commonwealth Consolidated Acts
1 Monetary penalties--categories 1 to 3
A penalty referred to in column 1 of an item of the following table, for a person referred to in the heading to another column of the table, is the amount specified in that other column of that item, as indexed under clause 4 and rounded under clause 5.
Monetary penalties--categories 1 to 3 | ||||
Item | Column 1 Kind of penalty | Column 2 An individual who commits an offence as: (a) a person conducting a business undertaking; or (b) an officer of a person conducting a business undertaking | Column 3 An individual who commits an offence (other than as mentioned in column 2) | Column 4 A body corporate |
1 | the category 1 monetary penalty | $3,000,000 | $1,500,000 | $15,000,000 |
2 | the category 2 monetary penalty | $418,000 | $209,000 | $2,090,000 |
3 | the category 3 monetary penalty | $140,000 | $70,000 | $700,000 |
2 Monetary penalties--tiers A to I
A penalty referred to in column 1 of an item of the following table, for a person referred to in the heading to another column of the table, is the amount specified in that other column of that item, as indexed under clause 4 and rounded under clause 5.
Monetary penalties--tiers A to I | |||
Item | Column 1 Kind of penalty | Column 2 An individual | Column 3 A body corporate |
1 | the tier A monetary penalty | $139,000 | $695,000 |
2 | the tier B monetary penalty | $70,000 | $350,000 |
3 | the tier C monetary penalty | $28,000 | $140,000 |
4 | the tier D monetary penalty | $14,000 | $70,000 |
5 | the tier E monetary penalty | $8,400 | $42,000 |
6 | the tier F monetary penalty | $7,000 | $35,000 |
7 | the tier G monetary penalty | $5,000 | $25,000 |
8 | the tier H monetary penalty | $2,800 | $14,000 |
9 | the tier I monetary penalty | $1,700 | $8,500 |
3 Monetary penalties--WHS civil penalty provision--tiers 1 to 4
A penalty referred to in column 1 of an item of the following table, for a person referred to in the heading to another column of the table, is the amount specified in that other column of that item, as indexed under clause 4 and rounded under clause 5.
WHS civil penalty provision--tiers 1 to 4 | |||
Item | Column 1 Kind of penalty | Column 2 An individual | Column 3 A body corporate |
1 | the WHS civil penalty provision tier 1 | $28,000 | $140,000 |
2 | the WHS civil penalty provision tier 2 | $14,000 | $70,000 |
3 | the WHS civil penalty provision tier 3 | $7,000 | $35,000 |
4 | the WHS civil penalty provision tier 4 | $2,800 | $14,000 |
4 Indexation of penalty amounts
(1) The amount of each monetary penalty set out in clause 1, 2 or 3 must be indexed for the year commencing on 1 July 2024, and for each subsequent year, in accordance with this clause.
(2) The amount of a monetary penalty applying in each year is to be calculated as follows:
where:
"A" is the amount of the monetary penalty set out in clause 1, 2 or 3.
"B" is the CPI number for the March quarter in the year immediately preceding the year for which the amount is calculated.
"C" is the CPI number for the March quarter of 2022.
Note: For CPI number and year , see clause 7.
(3) If the amount of a monetary penalty calculated for a year is less than the amount that applied in the previous year, then the amount for the previous year continues to apply.
If, after indexation under clause 4, the amount of a monetary penalty applying in a year is:
(a) less than $10,000 and not a multiple of $100:
(i) the amount must be rounded to the nearest $100; and
(ii) an amount of $50 is rounded down; or
(b) more than $10,000 and not a multiple of $1,000:
(i) the amount must be rounded to the nearest $1,000; and
(ii) an amount of $500 is rounded down.
6 Public notification of adjusted penalty amounts
As soon as practicable after publication by the Australian Statistician of the CPI number for the March quarter in a year, the regulator must, by notifiable instrument, give notice of the amount of each monetary penalty calculated under this Schedule.
In this Schedule:
"CPI number" means the All Groups Consumer Price Index number, that is, the weighted average of the 8 Australian capital cities, published by the Australian Statistician.
"year" means a period of 12 months starting on 1 July.
