National Consumer Credit Protection Act 2009

CHAPTER 6 - COMPLIANCE AND ENFORCEMENT  

PART 6-5A - PENALTIES FOR OFFENCES  

Division 2 - Penalty for committing an offence  

SECTION 288C   PENALTY APPLICABLE TO AN OFFENCE COMMITTED BY AN INDIVIDUAL  

288C(1)    
The penalty applicable to an offence committed by an individual is:

(a) for an offence for which a fine is the only penalty specified - the fine specified; and

(b) for an offence for which a term of imprisonment is the only penalty specified - either the term of imprisonment, the fine worked out under this section, or both.

288C(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.

288C(3)    
The individual fine formula is:

Term of imprisonment, expressed in months

×

10

288C(4)    
If:

(a) a term of imprisonment is the only penalty specified for the offence; and

(b) the term of imprisonment is 10 years or more;

the fine mentioned in paragraph (1)(b) is the greater of:

(c) 4,500 penalty units; and

(d) if the court can determine the benefit derived and detriment avoided because of the offence - that amount multiplied by 3.

Note:

See section 14 in relation to contraventions by partners in a partnership and section 15 in relation to contraventions by multiple trustees.

288C(5)    
This section applies in relation to an offence committed by an individual 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.