National Consumer Credit Protection Act 2009

The pecuniary penalty applicable to the contravention of a civil penalty provision by an individual is the greater of:

the penalty specified for the civil penalty provision; and

if the court can determine the benefit derived and detriment avoided because of the contravention—that amount multiplied by 3.

See section 14 in relation to contraventions by partners in a partnership and section 15 in relation to contraventions by multiple trustees.

The pecuniary penalty applicable to the contravention of a civil penalty provision by a body corporate is the greatest of:

the penalty specified for the civil penalty provision, multiplied by 10; and

if the court can determine the benefit derived and detriment avoided because of the contravention—that amount multiplied by 3; and

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 civil penalty 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.

This section applies in relation to a contravention of a civil penalty provision by an individual or a body corporate unless there is a contrary intention under this Act in relation to the pecuniary penalty applicable to the contravention. In that case, the pecuniary penalty applicable is the penalty specified for the civil penalty provision.