Penalty applicable to an offence committed by an individual
288C Penalty applicable to an offence committed by an individual
The penalty applicable to an offence committed by an individual is:
for an offence for which a fine is the only penalty specified—the fine specified; and
for an offence for which a term of imprisonment is the only penalty specified—either the term of imprisonment, the fine worked out under this section, or both.
If:
a term of imprisonment is the only penalty specified for an offence; and
the term of imprisonment is less than 10 years;
the fine mentioned in paragraph (1)(b) is the number of penalty units worked out using the individual fine formula.
The individual fine formula is:
Start formula Term of imprisonment, expressed in months times 10 end formula
If:
a term of imprisonment is the only penalty specified for the offence; and
the term of imprisonment is 10 years or more;
the fine mentioned in paragraph (1)(b) is the greater of:
4,500 penalty units; and
if the court can determine the benefit derived and detriment avoided because of the offence—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.
This section applies in relation to an offence committed by an individual unless there is a contrary intention under this Act in relation to the penalty applicable to the offence. In that case, the penalty applicable is the penalty specified for the offence.
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