58FLMaximum penalty for tier 2 contraventions

58FL Maximum penalty for tier 2 contraventions

(1) Despite subsection 82(5) of the Regulatory Powers Act, the pecuniary penalty payable by a person:

(a) under an SPF civil penalty order; and

(b) for a contravention of:

(i) a civil penalty provision of an SPF principle in Subdivision B or E of Division 2 of this Part; or

(ii) a civil penalty provision of an SPF code;

must not be more than the maximum penalty amount worked out under this section for such a contravention by the person.

Maximum amount of civil penalty for bodies corporate

(2) For the purposes of subsection (1), the maximum penalty amount for such a contravention by a body corporate is the greater of the following:

(a) 31,950 penalty units;

(b) if the relevant court (see subsection 58FJ(3)) can determine the total value of the benefit that:

(i) the body corporate; and

(ii) any body corporate related to the body corporate;

have obtained directly or indirectly and that is reasonably attributable to the contravention—3 times that total value;

(c) if that court cannot determine that total value—10% of the adjusted turnover of the body corporate during the breach turnover period for the contravention.

Maximum amount of civil penalty for other persons

(3) For the purposes of subsection (1), the maximum penalty amount for such a contravention by a person other than a body corporate is 1,600 penalty units.