25Maximum penalties for contravention of civil penalty provisions

#### 25 Maximum penalties for contravention of civil penalty provisions (1) The maximum penalty payable under subsection 24(1) by a person in respect of a contravention of a civil penalty provision depends on: (a) whether the person has a prior record in relation to the civil penalty provision (see subsection (2)); and (b) whether the person is a body corporate; and (c) whether the civil penalty provision is subsection 16(1), (6) or (9). Prior record (2) If: (a) on a particular day (the first day), the Federal Court makes an order under subsection 24(1) against a person in respect of a contravention of a particular civil penalty provision; and (b) that is the first occasion on which the Federal Court makes an order under subsection 24(1) against the person in respect of a contravention of the civil penalty provision; then, for the purposes of determining the penalty payable under subsection 24(1) by the person in respect of a contravention of the civil penalty provision that occurs after the first day, the person has a prior record in relation to the civil penalty provision. Maximum penalty payable by body corporate—no prior record (3) If a body corporate does not have a prior record in relation to a particular civil penalty provision: (a) the penalty payable under subsection 24(1) by the body corporate in respect of a contravention of the civil penalty provision must not exceed: (i) if the civil penalty provision is subsection 16(1), (6) or (9)—100 penalty units; or (ii) in any other case—50 penalty units; and (b) if the Federal Court finds that the body corporate has, on a particular day, committed 2 or more contraventions of the civil penalty provision—the total of the penalties payable under subsection 24(1) by the body corporate in respect of those contraventions must not exceed: (i) if the civil penalty provision is subsection 16(1), (6) or (9)—2,000 penalty units; or (ii) in any other case—1,000 penalty units. Maximum penalty payable by a person other than a body corporate—no prior record (4) If a person other than a body corporate does not have a prior record in relation to a particular civil penalty provision: (a) the penalty payable under subsection 24(1) by the person in respect of a contravention of the civil penalty provision must not exceed: (i) if the civil penalty provision is subsection 16(1), (6) or (9)—20 penalty units; or (ii) in any other case—10 penalty units; and (b) if the Federal Court finds that the person has, on a particular day, committed 2 or more contraventions of the civil penalty provision—the total of the penalties payable under subsection 24(1) by the person in respect of those contraventions must not exceed: (i) if the civil penalty provision is subsection 16(1), (6) or (9)—400 penalty units; or (ii) in any other case—200 penalty units. Maximum penalty payable by body corporate—prior record (5) If a body corporate has a prior record in relation to a particular civil penalty provision: (a) the penalty payable under subsection 24(1) by the body corporate in respect of a contravention of the civil penalty provision must not exceed: (i) if the civil penalty provision is subsection 16(1), (6) or (9)—500 penalty units; or (ii) in any other case—250 penalty units; and (b) if the Federal Court finds that the body corporate has, on a particular day, committed 2 or more contraventions of the civil penalty provision—the total of the penalties payable under subsection 24(1) by the body corporate in respect of those contraventions must not exceed: (i) if the civil penalty provision is subsection 16(1), (6) or (9)—10,000 penalty units; or (ii) in any other case—5,000 penalty units. Maximum penalty payable by a person other than a body corporate—prior record (6) If a person other than a body corporate has a prior record in relation to a particular civil penalty provision: (a) the penalty payable under subsection 24(1) by the person in respect of a contravention of the civil penalty provision must not exceed: (i) if the civil penalty provision is subsection 16(1), (6) or (9)—100 penalty units; or (ii) in any other case—50 penalty units; and (b) if the Federal Court finds that the person has, on a particular day, committed 2 or more contraventions of the civil penalty provision—the total of the penalties payable under subsection 24(1) by the person in respect of those contraventions must not exceed: (i) if the civil penalty provision is subsection 16(1), (6) or (9)—2,000 penalty units; or (ii) in any other case—1,000 penalty units.