Environment Protection and Biodiversity Conservation Act 1999

For the purposes of subsection 481(2A), the maximum penalty amount for a contravention by an individual of a civil penalty provision of Part 3 or 12A, or of subsection 142(1), is the greater of the following:

5,000 penalty units;

if the Court can determine either or both of the benefit derived and the detriment avoided because of the contravention:

if the Court can determine both the benefit derived and the detriment avoided—the sum of those amounts, multiplied by 3; or

otherwise—whichever of the benefit derived and the detriment avoided the Court can determine, multiplied by 3.

For the purposes of subsection 481(2A), the maximum penalty amount for a contravention by a body corporate of a civil penalty provision of Part 3 or 12A, or of subsection 142(1), is the greatest of the following:

50,000 penalty units;

if the Court can determine either or both of the benefit derived and the detriment avoided because of the contravention:

if the Court can determine both the benefit derived and the detriment avoided—the sum of those amounts, multiplied by 3; or

otherwise—whichever of the benefit derived and the detriment avoided the Court can determine, multiplied by 3;

either:

10% of the annual turnover of the body corporate for the 12‑month period ending at the end of the month in which the body corporate contravened, or began to contravene, the provision; or

if the amount worked out under subparagraph (i) is greater than an amount equal to 2.5 million penalty units—2.5 million penalty units.

The annual turnover, of a body corporate during a 12‑month period, is the sum of the values of all the supplies that the body corporate, and any body corporate related to the body corporate, have made, or are likely to make, during the 12‑month period, other than:

supplies made from any of those bodies corporate to any other of those bodies corporate; or

supplies that are input taxed; or

supplies that are not for consideration (and are not taxable supplies under section 72‑5 of the A New Tax System (Goods and Services Tax) Act 1999); or

supplies that are not made in connection with an enterprise that the body corporate carries on; or

supplies that are not connected with Australia.

Expressions used in subsection (3) that are also used in the A New Tax System (Goods and Services Tax) Act 1999 have the same meaning in that subsection as they have in that Act.

The question whether 2 bodies corporate are related to each other is to be determined for the purposes of this section in the same way as for the purposes of the Corporations Act 2001.

The benefit derived because of a contravention of a civil penalty provision is the total value of all benefits that one or more persons obtained that are reasonably attributable to the contravention.

The detriment avoided because of a contravention of a civil penalty provision is the total value of all detriments that one or more persons avoided that are reasonably attributable to the contravention.