Sentencing Act 1995

This section applies to an offender that is a body corporate.

Subject to sections 41 to 44, a court sentencing an offender may —

under Part 6 impose no sentence; or

under Part 8 impose a fine; or

under Part 8A impose a suspended fine.

A court must not use the sentencing option in subsection (2)(b) unless satisfied, having regard to Division 1 of Part 2, that it is not appropriate to use the option in subsection (2)(a).

A court that under subsection (2)(a) imposes no sentence is nevertheless taken to have sentenced the offender.

Except where a statutory penalty is expressly provided for a body corporate, a body corporate that is convicted of an offence the statutory penalty for which is or includes a fine is liable to a fine of 5 times the maximum fine that could be imposed on a natural person convicted of the same offence.

Except where a statutory penalty is expressly provided for a body corporate, a body corporate that is convicted of an offence the statutory penalty for which is or includes a minimum fine is liable to a fine of at least 5 times that minimum fine.

A court sentencing an offender may also make a disqualification order under section 106, and any such order is to be taken as being part of the sentence.

A court sentencing an offender may also make a reparation order under Part 16, but any such order is not to be taken as being part of the sentence.