Commonwealth Numbered Acts Commonwealth Numbered Acts(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 11(1) or (7).
Prior record
(2) If:
(a) on a particular day (the first day ), the Federal Court or the Federal Magistrates Court makes a civil penalty order against a person in respect of a contravention of a particular civil penalty provision; and
(b) that is the first occasion on which a court makes a civil penalty order 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 11(1) or (7)—100 penalty units; or
(ii) in any other case—50 penalty units; and
(b) if the Federal Court or the Federal Magistrates 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 11(1) or (7)—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 11(1) or (7)—20 penalty units; or
(ii) in any other case—10 penalty units; and
(b) if the Federal Court or the Federal Magistrates 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 11(1) or (7)—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 11(1) or (7)—500 penalty units; or
(ii) in any other case—250 penalty units; and
(b) if the Federal Court or the Federal Magistrates 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 11(1) or (7)—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 11(1) or (7)—100 penalty units; or
(ii) in any other case—50 penalty units; and
(b) if the Federal Court or the Federal Magistrates 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 11(1) or (7)—2,000 penalty units; or
(ii) in any other case—1,000 penalty units.