Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
Schedule 4 Penalty amounts
4.1 Monetary penalties—categories 1 to 3
In this Act:
category 1 monetary penalty means the following amounts as indexed under section 4.4 and rounded under section 4.5:
(a) for an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—the amount mentioned in table 4.1, item 1, column 3; or
(b) for an offence committed by any other individual—the amount mentioned in table 4.1, item 1, column 4,; or
(c) for an offence committed by a body corporate—the amount mentioned in table 4.1, item 1, column 5.
category 2 monetary penalty means the following amounts as indexed under section 4.4 and rounded under section 4.5:
(a) for an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—the amount mentioned in table 4.1, item 2, column 3; or
(b) for an offence committed by any other individual—the amount mentioned in table 4.1, item 2, column 4; or
(c) for an offence committed by a body corporate—the amount mentioned in table 4.1, item 2, column 5.
category 3 monetary penalty means the following amounts as indexed under section 4.4 and rounded under section 4.5:
(a) for an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—the amount mentioned in table 4.1, item 3, column 3; or
(b) for an offence committed by any other individual—the amount mentioned in table 4.1, item 3, column 4; or
(c) for an offence committed by a body corporate—the amount mentioned in table 4.1, item 3, column 5.
Table 4.1 Monetary penalties—categories 1 to 3
4.1A Monetary penalties—industrial manslaughter
In this Act:
"industrial manslaughter monetary penalty" means $18 000 000.
4.2 Monetary penalties—tiers A to I
In this Act:
"tier A monetary penalty" means the following amounts as indexed under section 4.4 and rounded under section 4.5:
(a) for an offence committed by an individual—the amount mentioned in table 4.2, item 1, column 3; or
(b) for an offence committed by a body corporate—the amount mentioned in table 4.2, item 1, column 4.
"tier B monetary penalty" means the following amounts as indexed under section 4.4 and rounded under section 4.5:
(a) for an offence committed by an individual—the amount mentioned in table 4.2, item 2, column 3; or
(b) for an offence committed by a body corporate—the amount mentioned in table 4.2, item 2, column 4.
"tier C monetary penalty" means the following amounts as indexed under section 4.4 and rounded under section 4.5:
(a) for an offence committed by an individual—the amount mentioned in table 4.2, item 3, column 3; or
(b) for an offence committed by a body corporate—the amount mentioned in table 4.2, item 3, column 4.
"tier D monetary penalty" means the following amounts as indexed under section 4.4 and rounded under section 4.5:
(a) for an offence committed by an individual—the amount mentioned in table 4.2, item 4, column 3; or
(b) for an offence committed by a body corporate—the amount mentioned in table 4.2, item 4, column 4.
"tier E monetary penalty" means the following amounts as indexed under section 4.4 and rounded under section 4.5:
(a) for an offence committed by an individual—the amount mentioned in table 4.2, item 5, column 3; or
(b) for an offence committed by a body corporate—the amount mentioned in table 4.2, item 5, column 4.
"tier F monetary penalty" means the following amounts as indexed under section 4.4 and rounded under section 4.5:
(a) for an offence committed by an individual—the amount mentioned in table 4.2, item 6, column 3; or
(b) for an offence committed by a body corporate—the amount mentioned in table 4.2, item 6, column 4.
"tier G monetary penalty" means the following amounts as indexed under section 4.4 and rounded under section 4.5:
(a) for an offence committed by an individual—the amount mentioned in table 4.2, item 7, column 3; or
(b) for an offence committed by a body corporate—the amount mentioned in table 4.2, item 7, column 4.
"tier H monetary penalty" means the following amounts as indexed under section 4.4 and rounded under section 4.5:
(a) for an offence committed by an individual—the amount mentioned in table 4.2, item 8, column 3; or
(b) for an offence committed by a body corporate—the amount mentioned in table 4.2, item 8, column 4.
"tier I monetary penalty" means the following amounts as indexed under section 4.4 and rounded under section 4.5:
(a) for an offence committed by an individual—the amount mentioned in table 4.2, item 9, column 3; or
(b) for an offence committed by a body corporate—the amount mentioned in table 4.2, item 9, column 4.
Table 4.2 Monetary penalties—tiers A to I
4.3 Monetary penalties—WHS civil penalty tiers 1 to 4
In this Act:
WHS civil penalty provision tier 1 means the following amounts as indexed under section 4.4 and rounded under section 4.5:
(a) for an offence committed by an individual—the amount mentioned in table 4.3, item 1, column 3; or
(b) for an offence committed by a body corporate—the amount mentioned in table 4.3, item 1, column 4.
WHS civil penalty provision tier 2 means the following amounts as indexed under section 4.4 and rounded under section 4.5:
(a) for an offence committed by an individual—the amount mentioned in table 4.3, item 2, column 3; or
(b) for an offence committed by a body corporate—the amount mentioned in table 4.3, item 2, column 4.
WHS civil penalty provision tier 3 means the following amounts as indexed under section 4.4 and rounded under section 4.5:
(a) for an offence committed by an individual—the amount mentioned in table 4.3, item 3, column 3; or
(b) for an offence committed by a body corporate—the amount mentioned in table 4.3, item 3, column 4.
WHS civil penalty provision tier 4 means the following amounts as indexed under section 4.4 and rounded under section 4.5:
(a) for an offence committed by an individual—the amount mentioned in table 4.3, item 4, column 3; or
(b) for an offence committed by a body corporate—the amount mentioned in table 4.3, item 4, column 4.
Table 4.3 WHS civil penalty provision—tiers 1 to 4
4.4 Indexation of penalty amounts
(1) The amount of each monetary penalty set out in sections 4.1 to 4.3 must be indexed for the year starting on 1 July 2024, and for each subsequent year, in accordance with this section.
(2) The amount of a monetary penalty applying in a year is worked out as follows:
"A" means the amount of a monetary penalty set out in sections 4.1 to 4.3.
"B" means the CPI number for the March quarter in the year immediately preceding the year for which the amount is worked out.
"C" means the CPI number for the March quarter of 2022.
(3) If the amount of a monetary penalty worked out for a year is less than the amount that applied in the previous year, then the amount for the previous year continues to apply.
(4) In this section:
"CPI number" means the All Groups Consumer Price Index number, that is, the weighted average of the 8 Australian capital cities, published by the Australian statistician.
"year" means 12 months starting on 1 July.
4.5 Rounding of maximum penalty amounts
If, after indexation under section 4.4, the amount of a monetary penalty is—
(a) less than $10 000 and not a multiple of $100—
(i) the amount must be rounded to the nearest $100; and
(ii) an amount of $50 is rounded down; or
(b) more than $10 000 and not a multiple of $1 000—
(i) the amount must be rounded to the nearest $1 000; and
(ii) an amount of $500 is rounded down.
4.6 Notification of adjusted maximum penalty amounts
(1) As soon as practicable after publication by the Australian statistician of the CPI number for the March quarter each year, the regulator must give notice of the amount of each monetary penalty worked out under this schedule.
(2) A notice is a notifiable instrument.