Western Australian Consolidated Acts Western Australian Consolidated Acts (1) This section
applies to an offender that is a body corporate.
(2) Subject to
sections 41 to 44, a court sentencing an offender may —
(a)
under Part 6 impose no sentence; or
(b)
under Part 8 impose a fine.
(3) A court must not
use the sentencing option in subsection (2)(b) unless satisfied, having
regard to Division 1 of Part 2, that it is not appropriate to use
the option in subsection (2)(a).
(4) A court that under
subsection (2)(a) imposes no sentence is nevertheless taken to have
sentenced the offender.
(5) Except where a
statutory penalty is expressly provided for a body corporate, a body corporate
that is convicted of an offence the statutory penalty for which is or includes
a fine is liable to a fine of 5 times the maximum fine that could be imposed
on a natural person convicted of the same offence.
(5a) Except where a
statutory penalty is expressly provided for a body corporate, a body corporate
that is convicted of an offence the statutory penalty for which is or includes
a minimum fine is liable to a fine of at least 5 times that minimum fine.
(6) A court sentencing
an offender may also make a disqualification order under section 106, and
any such order is to be taken as being part of the sentence.
(7) A court sentencing
an offender may also make a reparation order under Part 16, but any such
order is not to be taken as being part of the sentence.
[Section 40 amended by No. 2 of 2008
s. 70.]