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Contents (2016 - 63)
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Biodiversity Conservation Act 2016 No 63
Current version for 1 July 2019 to date (accessed 18 September 2019 at 22:15)
Part 13 Division 1 Section 13.1
13.1   Maximum monetary penalty—Tier 1, Tier 2, Tier 3, Tier 4 or Tier 5
(1)  If Tier 1, Tier 2, Tier 3, Tier 4 or Tier 5 is specified as the maximum monetary penalty at the end of a provision (or a number of provisions) of this Act, a person who contravenes or fails to comply with that provision (or those provisions) is guilty of an offence and liable to a monetary penalty not exceeding the relevant penalty specified in this section. If a period of imprisonment is also specified, the person is also liable to imprisonment not exceeding the period so specified.
Note.
 Section 14.10 provides that the regulations may create offences and impose a monetary penalty for an offence against the regulations not exceeding $5,500.
(2)  The maximum monetary penalty for Tier 1 is:
(a)  in the case of a corporation:
(i)  $1,650,000, and
(ii)  if this Act provides that an additional daily penalty applies to the offence—a further $165,000 for each day the offence continues, and
(iii)  if this Act provides that an additional penalty for each animal or plant applies to the offence—a further $165,000 for each animal or whole plant to which the offence relates, or
(b)  in the case of an individual:
(i)  $330,000, and
(ii)  if this Act provides that an additional daily penalty applies to the offence—a further $33,000 for each day the offence continues, and
(iii)  if this Act provides that an additional penalty for each animal or plant applies to the offence—a further $33,000 for each animal or whole plant to which the offence relates.
(3)  The maximum monetary penalty for Tier 2 is:
(a)  in the case of a corporation:
(i)  $660,000, and
(ii)  if this Act provides that an additional daily penalty applies to the offence—a further $66,000 for each day the offence continues, and
(iii)  if this Act provides that an additional penalty for each animal or plant applies to the offence—a further $66,000 for each animal or whole plant to which the offence relates, or
(b)  in the case of an individual:
(i)  $132,000, and
(ii)  if this Act provides that an additional daily penalty applies to the offence—a further $13,200 for each day the offence continues, and
(iii)  if this Act provides that an additional penalty for each animal or plant applies to the offence—a further $13,200 for each animal or whole plant to which the offence relates.
(4)  The maximum monetary penalty for Tier 3 is:
(a)  in the case of a corporation:
(i)  $440,000, and
(ii)  if this Act provides that an additional daily penalty applies to the offence—a further $44,000 for each day the offence continues, and
(iii)  if this Act provides that an additional penalty for each animal or plant applies to the offence—a further $44,000 for each animal or whole plant to which the offence relates, or
(b)  in the case of an individual:
(i)  $88,000, and
(ii)  if this Act provides that an additional daily penalty applies to the offence—a further $8,800 for each day the offence continues, and
(iii)  if this Act provides that an additional penalty for each animal or plant applies to the offence—a further $8,800 for each animal or whole plant to which the offence relates.
(5)  The maximum monetary penalty for Tier 4 is:
(a)  in the case of a corporation:
(i)  $110,000, and
(ii)  if this Act provides that an additional daily penalty applies to the offence—a further $11,000 for each day the offence continues, and
(iii)  if this Act provides that an additional penalty for each animal or plant applies to the offence—a further $11,000 for each animal or whole plant to which the offence relates, or
(b)  in the case of an individual:
(i)  $22,000, and
(ii)  if this Act provides that an additional daily penalty applies to the offence—a further $2,200 for each day the offence continues, and
(iii)  if this Act provides that an additional penalty for each animal or plant applies to the offence—a further $2,200 for each animal or whole plant to which the offence relates.
(6)  The maximum monetary penalty for Tier 5 is $22,000.