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Legal

How Corporate Penalties Work

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When a corporation or entity, violates the Corporations Act, the law often specifies a maximum number of penalty units. However, for serious civil penalty provisions, the maximum penalty is determined by taking the greatest of the following three amounts: 

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1. The maximum penalty units prescribed for the offence multiplied by $330. 

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2. Three times the benefit obtained (and detriment avoided) because of the contravention.

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3. 10% of the body corporate's annual turnover for the 12-month period ending in the month the contravention occurred (subject to a statutory cap). 

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Under the The Treasury Laws Amendment (Strengthening Corporate and Financial Sector Penalties) Act 2019, the maximum civil penalty for individuals is the greater of 5,000 penalty units (currently $1.65 million) or three times the benefit obtained and detriment avoided.

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Under the The Treasury Laws Amendment (Strengthening Corporate and Financial Sector Penalties) Act 2019, the maximum civil penalty for companies is the greater of:

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  • 50,000 penalty units (currently $16.5 million)

  • three times the benefit obtained and detriment avoided, or

  • 10% of annual turnover, capped at 2.5 million penalty units (currently $825 million).

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More information on Australian business requirements and responsibilities in protecting their intellectual property is available via: 

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Treasury Laws Amendment Act 2019

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Requirements for Registering a Business Name

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Business Names Registration Act 2011

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Trade Marks Act 1995​

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Penalties and Penalty Units

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What is the difference between a business and trading name?

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© 2019

Bond Corporations Holdings (Australia) Pty Ltd

ABN: 18 635 956 437

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