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COMMONWEALTHAct
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s 41

Amount of penalty

In force
Part 5Enforcement
Division 2Infringement notices

41 Amount of penalty

(1)

The penalty to be specified in an infringement notice relating to a person’s alleged contravention of a civil penalty provision (other than section 22XF) must be a pecuniary penalty equal to whichever is the lesser of the following amounts:

(a)

one‑fifth of the maximum penalty that a Court could impose on the person for that contravention;

(b)

if the person is an individual—12 penalty units;

(c)

if the person is a body corporate—60 penalty units.

Note:

To work out the maximum penalty mentioned in paragraph (a), see subsection 31(3).

(2)

The penalty to be specified in an infringement notice relating to a person’s alleged contravention of section 22XF must be a pecuniary penalty equal to whichever is the lesser of the following amounts:

(a)

one third of the maximum penalty that a Court could impose on the person for that contravention;

(b)

150,000 penalty units.

Note:

To work out the maximum penalty mentioned in paragraph (a), see subsection 31(3).

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