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Biodiversity Conservation Act 2016
13Maximum monetary penalty—Tier 1, Tier 2, Tier 3, Tier 4 or Tier 5
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#### 13 Maximum monetary penalty—Tier 1, Tier 2, Tier 3, Tier 4 or Tier 5
13.1 Maximum monetary penalty—Tier 1, Tier 2, Tier 3, Tier 4 or Tier 5
> > (1) 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.
> >
> > Note.
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> > Section 14.10 provides that the regulations may create offences and impose a monetary penalty for an offence against the regulations not exceeding $5,500.
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> > (2) The maximum monetary penalty for Tier 1 is—
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> > > (a) in the case of a corporation—
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> > > > (i) $1,650,000, and
> > >
> > > > (ii) if this Act provides that an additional daily penalty applies to the offence—a further $165,000 for each day the offence continues, and
> > >
> > > > (iii) 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
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> > > (b) in the case of an individual—
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> > > > (i) $330,000, and
> > >
> > > > (ii) if this Act provides that an additional daily penalty applies to the offence—a further $33,000 for each day the offence continues, and
> > >
> > > > (iii) 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.
>
> > (3) The maximum monetary penalty for Tier 2 is—
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> > > (a) in the case of a corporation—
> > >
> > > > (i) $660,000, and
> > >
> > > > (ii) if this Act provides that an additional daily penalty applies to the offence—a further $66,000 for each day the offence continues, and
> > >
> > > > (iii) 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
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> > > (b) in the case of an individual—
> > >
> > > > (i) $132,000, and
> > >
> > > > (ii) if this Act provides that an additional daily penalty applies to the offence—a further $13,200 for each day the offence continues, and
> > >
> > > > (iii) 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.
>
> > (4) The maximum monetary penalty for Tier 3 is—
> >
> > > (a) in the case of a corporation—
> > >
> > > > (i) $440,000, and
> > >
> > > > (ii) if this Act provides that an additional daily penalty applies to the offence—a further $44,000 for each day the offence continues, and
> > >
> > > > (iii) 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
> >
> > > (b) in the case of an individual—
> > >
> > > > (i) $88,000, and
> > >
> > > > (ii) if this Act provides that an additional daily penalty applies to the offence—a further $8,800 for each day the offence continues, and
> > >
> > > > (iii) 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.
>
> > (5) The maximum monetary penalty for Tier 4 is—
> >
> > > (a) in the case of a corporation—
> > >
> > > > (i) $110,000, and
> > >
> > > > (ii) if this Act provides that an additional daily penalty applies to the offence—a further $11,000 for each day the offence continues, and
> > >
> > > > (iii) 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
> >
> > > (b) in the case of an individual—
> > >
> > > > (i) $22,000, and
> > >
> > > > (ii) if this Act provides that an additional daily penalty applies to the offence—a further $2,200 for each day the offence continues, and
> > >
> > > > (iii) 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.
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> > (6) The maximum monetary penalty for Tier 5 is $22,000.