Corporations Amendment (No. 1) Act 2010 (131 of 2010)

310

Section 1041A, subsections 1041B(1), and 1041C(1), section 1041D and subsections 1041E(1), 1041F(1), 1041G(1), 1043A(1) and 1043A(2)

In the case of an individual, imprisonment for 10 years or a fine the greater of the following:

(a) 4,500 penalty units;

(b) if the court can determine the total value of the benefits that have been obtained by one or more persons and are reasonably attributable to the commission of the offence - 3 times that total value;

or both.

In the case of a body corporate, a fine the greatest of the following:

(a) 45,000 penalty units;

(b) if the court can determine the total value of the benefits that have been obtained by one or more persons and are reasonably attributable to the commission of the offence - 3 times that total value;

(c) if the court cannot determine the total value of those benefits - 10% of the body corporate's annual turnover during the 12-month period ending at the end of the month in which the body corporate committed, or began committing, the offence.