3A. Penalty levels defined
(1) Where a person is liable to a level one penalty for an offence against this Act the person is liable ¾
(a) if the offence was committed by the person as an employee ¾
(i) for a first offence, to a fine of $5 000; and
(ii) for a subsequent offence, to a fine of $6 250;
(b) if paragraph (a) does not apply ¾
(i) in the case of an individual ¾
(I) for a first offence, to a fine of $25 000; and
(II) for a subsequent offence, to a fine of $31 250;
or
(ii) in the case of a body corporate ¾
(I) for a first offence, to a fine of $50 000; and
(II) for a subsequent offence, to a fine of $62 500.
(2) Where a person is liable to a level 2 penalty for an offence against this Act the person is liable ¾
(a) in the case of an individual ¾
(i) for a first offence, to a fine of $100 000; and
(ii) for a subsequent offence, to a fine of $125 000;
or
(b) in the case of a body corporate ¾
(i) for a first offence, to a fine of $200 000; and
(ii) for a subsequent offence, to a fine of $250 000.
(3) Where a person is liable to a level 3 penalty for an offence against this Act the person is liable ¾
(a) in the case of an individual ¾
(i) for a first offence, to a fine of $200 000; and
(ii) for a subsequent offence, to a fine of $250 000;
or
(b) in the case of a body corporate ¾
(i) for a first offence, to a fine of $400 000; and
(ii) for a subsequent offence, to a fine of $500 000.
(4) Where a person is liable to a level 4 penalty for an offence against this Act the person is liable ¾
(a) in the case of an individual ¾
(i) for a first offence, to a fine of $250 000 and imprisonment for 2 years; and
(ii) for a subsequent offence, to a fine of $312 500 and imprisonment for 2 years;
or
(b) in the case of a body corporate ¾
(i) for a first offence, to a fine of $500 000; and
(ii) for a subsequent offence, to a fine of $625 000.
[Section 3A inserted by No. 51 of 2004 s. 15.]