Export Control Act 2020

This section has effect for the purposes of the following provisions:

subsections 31(2) and (5);

subsections 32(2) and (5);

subsections 35(2) and (5);

subsections 36(2) and (5);

subsections 39(2) and (5);

subsections 40(2) and (5);

subsections 43(2) and (5);

subsections 44(2) and (5);

subsections 217(2), (4), (6) and (8).

The amount of the penalty for a contravention by the body corporate (the first body) of a provision referred to in subsection (1) is an amount not more than the greatest of the following:

20,000 penalty units;

if the first body, and any related body corporate of the first body, has obtained, directly or indirectly, a benefit that is reasonably attributable to the conduct constituting the contravention, and the relevant court can determine the value of that benefit—3 times the value of that benefit;

if the relevant court cannot determine the value of a benefit referred to in paragraph (b) or no such benefit has been obtained—10% of the annual turnover of the first body during the period (the turnover period) of 12 months ending at the end of the month in which the first body committed, or began committing, the contravention.

For the purposes of this section, the annual turnover of the first body, during the turnover period, is the sum of the values of all the supplies that the first body, and any related body corporate of the first body, have made, or are likely to make, during that period, other than the following supplies:

supplies made from the first body to any related body corporate of the first body;

supplies made from any related body corporate of the first body to the first body;

supplies that are input taxed;

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);

supplies that are not made in connection with an enterprise that the first body carries on.

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.