54ACivil penalty amount—energy licensees

54A Civil penalty amount—energy licensees (1) For the purposes of section 54(1)(a), the civil penalty amount is an amount equal to the greater of— (a) an amount equal to 1200 penalty units or, if there is another amount provided for the contravention of that civil penalty requirement in accordance with section 54E, that other amount; or (b) if the court can determine the value of any monetary benefits acquired by, or accrued or accruing to, the energy licensee (or any body corporate related to the energy licensee), as a result of the contravention, an amount that is 3 times the amount of the monetary benefits; or (c) if the court cannot determine the value of the monetary benefits, 10% of the annual turnover of the energy licensee during the 12 month period ending at the end of the month in which the energy licensee contravened the civil penalty requirement. (2) For the purposes of subsection (1)(a), the other amount may be less than an amount equal to 1200 penalty units, but must not exceed an amount equal to 60 000 penalty units. (3) Subsection (1)(b) and (c) only apply in a particular case if the Commission or the person authorised by the Commission, in applying for a contravention order, requests that those provisions apply in that particular case. (4) In this section, 2 or more bodies corporate are related to each other if they are related bodies corporate within the meaning of the Corporations Act. New s. 54B inserted by No. 41/2021 s. 9.