154JAmount

1. In determining the appropriate amount of a pecuniary penalty under section 154H, the court must have regard to all relevant matters, including—

2. the nature and extent of the contravention:
3. the nature and extent of loss or damage caused to a person, human health, or a natural and physical resource as a result of the contravention:
4. the circumstances in which the contravention took place:
5. whether or not the person has been found in previous proceedings under this Act to have engaged in similar conduct:
6. the steps taken by the person to bring the contravention to the attention of the appropriate authority:
7. the steps taken by the person to avoid, remedy, or mitigate the effects of the contravention.

8. Subsections (3) to (7) state the limits on the amounts of pecuniary penalty that the court may order.

9. For an individual, the limit is $500,000.

10. For a body corporate,—

11. subsection (5) states the limit that applies if—
    1. the court is satisfied that the contravention occurred in the course of producing a commercial gain; and
    2. the commercial gain can be readily ascertained:
12. subsection (6) states the limit that applies if—
    1. the court is satisfied that the contravention occurred in the course of producing a commercial gain; and
    2. the commercial gain cannot be readily ascertained:
13. subsection (7) states the limit that applies if the court is not satisfied that the contravention occurred in the course of producing a commercial gain.

14. For the purposes of subsection (4)(a), the limit is the greater of—

15. $10,000,000; and
16. 3 times the value of the commercial gain resulting from the contravention.

17. For the purposes of subsection (4)(b), the limit is the greater of—

18. $10,000,000; and
19. 10% of the turnover of the body corporate and all of its interconnected bodies corporate (if any) (interconnected and turnover having the meanings they have in the Commerce Act 1986).

20. For the purposes of subsection (4)(c), the limit is $10,000,000.