12A—Indexation of civil and criminal penalty amounts
(1) For the purposes
of sections 300A and 300B of the Law, each civil penalty amount and criminal
penalty amount is to be adjusted in accordance with the following formula:
Where—
"P" is the amount that applies on and from the date of the adjustment
"Pc" is the amount that applied immediately before the first adjustment
"A" is—
(a) for
the first adjustment—the sum of the index numbers for the 4 quarters in
the 2022 calendar year; and
(b) for
each subsequent adjustment—the sum of the index numbers for the 4
quarters in the calendar year that ended most recently before the date of the
adjustment
"B" is the sum of the index numbers for the 4 quarters in the
2019 calendar year
"A/B" is calculated to the nearest 3 decimal places (and a fourth decimal
place of 5 is to be rounded up).
(2) An amount adjusted
under this regulation is to be rounded up or down as follows:
(a) in
the case of an amount that is $10 000 or greater—to the nearest multiple
of $100 (with an amount of $50 rounded up);
(b) in
the case of an amount that is less than $10 000—to the nearest multiple
of $10 (with an amount of $5 rounded up).
(3) If an amount
adjusted under this regulation is less than the amount that applied
immediately before the adjustment, the amount that applied immediately before
the adjustment applies instead.
(4) In this
regulation—
"index number" for a quarter means—
(a) the
All Groups Consumer Price Index number that is the weighted average of the
8 capital cities and is published by the Australian Statistician for that
quarter; or
(b) if
the Australian Statistician fails or ceases to publish that Index, another
index number determined by the MCE for that quarter.