Local Court Bench Book — Specific Penalties and Orders

This table of maximum penalties is populated using Lawcodes data. For more information, see Changes to Specific Penalties and Orders at the end of the introduction.

Jurisdiction

Section 283: Proceedings for an offence against this Act or the regulations are to be dealt with summarily by the Local Court or before the Supreme Court in its summary jurisdiction. The maximum penalty if proceedings are brought before the Local Court, is $22,000 or 2 years imprisonment or the maximum term of imprisonment provided for by law, whichever is the lesser.

Section 284: Proceedings for a category 1 offence may be commenced within 3 years after the date of the alleged offence. Proceedings for a category 2 offence may be commenced within 2 years after the date of the alleged offence.

Section 279: Maximum penalty for category 1 offence, in the case of an individual – $1,100,000 or imprisonment for 3 years or both, and in the case of a continuing offence $137,500 for each day the offence continues.

Section 279: Maximum penalty for category 1 offence, in the case of a corporation – $2,200,000 and in the case of a continuing offence $275,000 for each day the offence continues.

Section 280(1): Maximum penalty for category 2 offence, in the case of an individual – $220,000 and in the case of a continuing offence $55,000 for each day the offence continues.

Section 280(1): Maximum penalty for category 2 offence, in the case of a corporation – $440,000 and in the case of a continuing offence $110,000 for each day the offence continues.

Section 280(2): Maximum penalty for a category 2 offence that is committed negligently, in the case of an individual – $1,100,000 and, in the case of a continuing offence, a further penalty of $137,500 for each day the offence continues.

Section 280(2): Maximum penalty for a category 2 offence that is committed negligently, in the case of a corporation – $2,200,000 and, in the case of a continuing offence, a further penalty of $275,000 for each day the offence continues.

Section 280(4): A court cannot impose a penalty for an offence on the basis of s 280(2) unless the process by which the proceedings are commenced specifies that the offence is alleged to have been committed negligently and the factors that were alleged to constitute negligence.