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CRIMES ACT 1914 SECT 4B
4B Pecuniary penalties--natural persons and bodies
corporate
- (1)
- A provision of a law of the Commonwealth relating to
indictable offences or summary offences shall, unless the
contrary intention appears, be deemed to refer to bodies
corporate as well as to natural persons.
- (2)
- Where a natural person is convicted of an offence
against a law of the Commonwealth punishable by
imprisonment only, the court may, if the contrary
intention does not appear and the court thinks it
appropriate in all the circumstances of the case, impose,
instead of, or in addition to, a penalty of imprisonment,
a pecuniary penalty not exceeding the number of penalty
units calculated using the formula:
where:
Term of Imprisonment is the maximum term of
imprisonment, expressed in months, by which the offence is
punishable.
- (2A)
- Where a natural person is convicted of an offence
against a law of the Commonwealth in respect of which a
court may impose a penalty of imprisonment for life, the
court may, if the contrary intention does not appear and
the court thinks it appropriate in all the circumstances
of the case, impose, instead of, or in addition to, a
penalty of imprisonment, a pecuniary penalty not exceeding
2,000 penalty units.
- (3)
- Where a body corporate is convicted of an offence
against a law of the Commonwealth, the court may, if the
contrary intention does not appear and the court thinks
fit, impose a pecuniary penalty not exceeding an amount
equal to 5 times the amount of the maximum pecuniary
penalty that could be imposed by the court on a natural
person convicted of the same offence.
- (3A)
- Where an Act (whether enacted before or after the
commencement of this subsection) confers power to make an
instrument (including rules, regulations or by-laws but
not including a law of a Territory) and specifies the
maximum pecuniary penalty that can be imposed for offences
created by such an instrument, then:
- (a)
- unless the contrary intention appears, the specified
penalty is taken to be the maximum penalty that the
instrument can prescribe for such offences by natural
persons; and
- (b)
- where a body corporate is convicted of such an
offence—the specifying of that penalty is not to be
treated as an indication of a contrary intention for
the purposes of applying subsection (3).
- (4)
- Where under a law of the Commonwealth any forfeiture,
penalty or reparation is paid to a person aggrieved, it is
payable to a body corporate where the body corporate is
the person aggrieved.
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