Western Australian Current Acts

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SENTENCING ACT 1995 - SECT 40

40 .         Body corporate, sentences for

        (1)         This section applies to an offender that is a body corporate.

        (2)         Subject to sections 41 to 44, a court sentencing an offender may —

            (a)         under Part 6 impose no sentence; or

            (b)         under Part 8 impose a fine; or

            (c)         under Part 8A impose a suspended fine.

        (3)         A court must not use the sentencing option in subsection (2)(b) unless satisfied, having regard to Division 1 of Part 2, that it is not appropriate to use the option in subsection (2)(a).

        (4)         A court that under subsection (2)(a) imposes no sentence is nevertheless taken to have sentenced the offender.

        (5)         Except where a statutory penalty is expressly provided for a body corporate, a body corporate that is convicted of an offence the statutory penalty for which is or includes a fine is liable to a fine of 5 times the maximum fine that could be imposed on a natural person convicted of the same offence.

        (5a)         Except where a statutory penalty is expressly provided for a body corporate, a body corporate that is convicted of an offence the statutory penalty for which is or includes a minimum fine is liable to a fine of at least 5 times that minimum fine.

        (6)         A court sentencing an offender may also make a disqualification order under section 106, and any such order is to be taken as being part of the sentence.

        (7)         A court sentencing an offender may also make a reparation order under Part 16, but any such order is not to be taken as being part of the sentence.

        [Section 40 amended: No. 2 of 2008 s. 70; No. 45 of 2016 s. 50.]



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