Competition and Consumer Act 2010

Despite subsection 82(5) of the Regulatory Powers Act, the pecuniary penalty payable:

by a person; and

under a civil penalty order under Part 4 of that Act (as that Part applies because of section 56EU of this Act);

For the purposes of subsection (1), the maximum penalty amount for a contravention by a body corporate of a privacy safeguard penalty provision is the greater of the following:

$10,000,000;

if the relevant court (see subsection 56EU(4)) can determine the value of the benefit that the body corporate, and any body corporate related to the body corporate, have obtained directly or indirectly and that is reasonably attributable to the contravention—3 times the value of that benefit;

if that court cannot determine the value of that benefit—10% of the adjusted turnover of the body corporate during the 12‑month period ending at the end of the month in which the contravention happened or began.

For the purposes of subsection (1), the maximum penalty amount for a contravention by a person other than a body corporate of a privacy safeguard penalty provision is $500,000.