Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The penalty applicable to an offence committed by a body corporate is:
(a) for an offence for which a fine is the only penalty specified--the fine specified multiplied by 10; and
(b) for an offence for which a term of imprisonment is the only penalty specified--the fine worked out under this section.
(2) If:
(a) a term of imprisonment is the only penalty specified for an offence; and
(b) the term of imprisonment is less than 10 years;
the fine mentioned in paragraph (1)(b) is the number of penalty units worked out using the individual fine formula, multiplied by 10.
(3) If:
(a) a term of imprisonment is the only penalty specified for an offence; and
(b) the term of imprisonment is 10 years or more;
the fine mentioned in paragraph (1)(b) is the greatest of:
(d) if the court can determine the benefit derived and detriment avoided because of the offence--that amount multiplied by 3; and
(e) 10% of the annual turnover of the body corporate for the 12-month period ending at the end of the month in which the body corporate committed, or began committing, the offence .
(4) This section applies in relation to an offence committed by a body corporate unless there is a contrary intention under this Act in relation to the penalty applicable to the offence. In that case, the penalty applicable is the penalty specified for the offence.
Note: The following are examples of cases in which a penalty is specified that would indicate a contrary intention:
(a) subsection 1211B(3), which specifies a penalty for a body corporate;
(b) the table item in Schedule 3 relating to subsection 794D(3), which specifies a penalty for each day, or part of a day, in respect of which an offence is committed;
(c) a regulation made under paragraph 1364(2)(w) prescribing a penalty for a body corporate for a contravention of the regulations.