Biodiversity Conservation Act 2016

If Tier 1, Tier 2, Tier 3, Tier 4 or Tier 5 is specified as the maximum monetary penalty at the end of a provision (or a number of provisions) of this Act, a person who contravenes or fails to comply with that provision (or those provisions) is guilty of an offence and liable to a monetary penalty not exceeding the relevant penalty specified in this section. If a period of imprisonment is also specified, the person is also liable to imprisonment not exceeding the period so specified.

The maximum monetary penalty for Tier 1 is—

in the case of a corporation—

$1,650,000, and

if this Act provides that an additional daily penalty applies to the offence—a further $165,000 for each day the offence continues, and

if this Act provides that an additional penalty for each animal or plant applies to the offence—a further $165,000 for each animal or whole plant to which the offence relates, or

in the case of an individual—

$330,000, and

if this Act provides that an additional daily penalty applies to the offence—a further $33,000 for each day the offence continues, and

if this Act provides that an additional penalty for each animal or plant applies to the offence—a further $33,000 for each animal or whole plant to which the offence relates.

The maximum monetary penalty for Tier 2 is—

in the case of a corporation—

$660,000, and

if this Act provides that an additional daily penalty applies to the offence—a further $66,000 for each day the offence continues, and

if this Act provides that an additional penalty for each animal or plant applies to the offence—a further $66,000 for each animal or whole plant to which the offence relates, or

in the case of an individual—

$132,000, and

if this Act provides that an additional daily penalty applies to the offence—a further $13,200 for each day the offence continues, and

if this Act provides that an additional penalty for each animal or plant applies to the offence—a further $13,200 for each animal or whole plant to which the offence relates.

The maximum monetary penalty for Tier 3 is—

in the case of a corporation—

$440,000, and

if this Act provides that an additional daily penalty applies to the offence—a further $44,000 for each day the offence continues, and

if this Act provides that an additional penalty for each animal or plant applies to the offence—a further $44,000 for each animal or whole plant to which the offence relates, or

in the case of an individual—

$88,000, and

if this Act provides that an additional daily penalty applies to the offence—a further $8,800 for each day the offence continues, and

if this Act provides that an additional penalty for each animal or plant applies to the offence—a further $8,800 for each animal or whole plant to which the offence relates.

The maximum monetary penalty for Tier 4 is—

in the case of a corporation—

$110,000, and

if this Act provides that an additional daily penalty applies to the offence—a further $11,000 for each day the offence continues, and

if this Act provides that an additional penalty for each animal or plant applies to the offence—a further $11,000 for each animal or whole plant to which the offence relates, or

in the case of an individual—

$22,000, and

if this Act provides that an additional daily penalty applies to the offence—a further $2,200 for each day the offence continues, and

if this Act provides that an additional penalty for each animal or plant applies to the offence—a further $2,200 for each animal or whole plant to which the offence relates.

The maximum monetary penalty for Tier 5 is $22,000.