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Fines
In NSW, the most common penalty for breaching a statutory regulations is a fine. These fines can be very large. For many serious corporate crime offences a fine will not be an adequate penalty.
The only penalty that the court may consider in some serious corporate crime matters is prison.
The court when deciding the amount of any fine should consider the financial circumstances of the offender or corporation and their ability to pay any fine.
The following table outlines the maximum fines that can be imposed by Courts for the most common state (NSW) corporate crime offences
Environmental Offences
| Offence | Maximum fines for individuals | Maximum fines for corporations (if applicable) | Relevant Statutory Provision |
| Damaging habitat of threatened species | Fine of $110,000. | Fine of $110,000. | Fine of $110,000. |
| Illegal development or building works | Fine of $1.1 million | Fine of $1.1 million | Section 126 of the Environmental Planning and Assessment Act 1979 |
| Illegal tree removal – breach of tree preservation order | Fine of $1.1 million | Fine of $1.1 million | Section 125 of the Environmental Planning and Assessment Act 1979 |
| Section 121B orders | Fine of $1.1 million | Fine of $1.1 million | Section 121b of the Environmental Planning and Assessment Act 1979 |
Occupational Health And Safety Offences
| Offence | Maximum fines for individuals | Maximum fines for corporations (if applicable) | Relevant Statutory Provision |
| Fail to ensure health/safety/welfare of employees | – Fine of $82,500 (being a previous offender) – Fine of $55,000 (not being a previous offender) |
– Fine of $825,000 (being a previous offender) – Fine of $550,000 (not being a previous offender) |
Section 8(1) Occupational Health and Safety Act 2000 (NSW) |
| Fail to ensure health/safety/welfare of non-employees | – Fine of $82,500 (being a previous offender) – Fine of $55,000 (not being a previous offender) |
– Fine of $82,500 (being a previous offender) – Fine of $55,000 (not being a previous offender) |
Section 8(2) Occupational Health and Safety Act 2000 (NSW) |
| Fail to ensure no risk to others health/safety | – Fine of $82, (being a previous offender) – Fine of $55,000 (not being a previous offender) |
– Fine of $825,000 (being a previous offender) – Fine of $550,000 (not being a previous offender) |
Section 9 Occupational Health and Safety Act 2000 (NSW) |
| Person in control fail to ensure premises safe | – Fine of $82, (being a previous offender) – Fine of $55,000 (not being a previous offender) |
– Fine of $82, (being a previous offender) – Fine of $55,000 (not being a previous offender) |
Section 10(1) Occupational Health and Safety Act 2000 (NSW) |
| Fail to ensure safety of plant/substance | – Fine of $82,500 (being a previous offender) – $55,000 (not being a previous offender) |
– Fine of $825,000 (being a previous offender) – Fine of $550,000 (not being a previous offender) |
Section 10(2) Occupational Health and Safety Act 2000 (NSW) |
| Fail to ensure plant/substance safe | – Fine of Fine of $82,500 (being a previous offender) – $55,000 (not being a previous offender) |
– Fine of Fine of $82,500 (being a previous offender) – $55,000 (not being a previous offender) |
Section 11(1)(a) Occupational Health and Safety Act 2000 (NSW) |
| Fail to care for health/safety of others at work | – Fine of $4950 (being a previous offender) – Fine of $3300 (in any other case) |
Section 20 Occupational Health and Safety Act 2000 (NSW) | |
| Dismiss/injure/alter employment due to complaint | – Fine of $24,750 (being a previous offender) – Fine of $16,500 (not being a previous offender) |
– Fine of $41,250 (being a previous offender) – Fine of $27,500 (not being a previous offender) |
Section 23(1)(a) Occupational Health and Safety Act 2000 (NSW) |
| Fail to comply with requirement/answer question | – Fine of $16,500 (being a previous offender) – $11,000 (not being a previous offender) |
Section 66(a) Occupational Health and Safety Act 2000 (NSW) | |
| Provide false/misleading information | – Fine of $16,500 (being a previous offender) – Fine of $11,000 (not being a previous offender) |
Section 66(b) Occupational Health and Safety Act 2000 (NSW) | |
| Fail to notify occurrence required to be notified | – Fine of $41,250 (being a previous offender) – Fine of $27,500 (not being a previous offender) |
– Fine of $82,500 (being a previous offender) – $55,000 (not being a previous offender) |
Section 86(1)(b) Occupational Health and Safety Act 2000 (NSW) |
| Fail to comply with improvement notice | – Fine of $41,250 (not acting in the capacity of an employee – being a previous offender) – Fine of $27,500 (not acting in the capacity of an employee – not being a previous offender) – Fine of $2475 (acting in the capacity of an employee – being a previous offender) – Fine of $1650 (acting in the capacity of an employee – being a previous offender) |
– Fine of $82,500 (being a previous offender) – Fine of $55,000 (not being a previous offender) |
Section 92 Occupational Health and Safety Act 2000 (NSW) |
| Fail to comply with prohibition order | – Fine of $82,500 (not acting in the capacity of an employee – being a previous offender) – Fine of $55,000 (not acting in the capacity of an employee – not being a previous offender) – Fine of $4950 (acting in the capacity of an employee – being a previous offender) – Fine of $3300 (acting in the capacity of an employee – being a previous offender) |
– Fine of $165, 000 (being a previous offender) – Fine of $110,000 (not being a previous offender) |
Section 94 Occupational Health and Safety Act 2000 (NSW) |
| Obstruct/hinder/impede authorized official | – Fine of $24,750 (being a previous offender) – Fine of $16,500 (not being a previous offender) |
– Fine of $82,500 (being a previous offender) – Fine of $55,000 (not being a previous offender) |
Section 136(1)(a) Occupational Health and Safety Act 2000 (NSW) |
Fraud Offences
| Offence | Maximum fines for individuals | Maximum fines for corporations (if applicable) | Relevant Statutory Provision |
| Fraud | – Fine of $11,000 (If dealt with in the Local Court) – Fine of $110,000 (if dealt with in the District Court |
– Fine of $11,000 if dealt with in the Local Court. – Fine of $220,000 if dealt with in the District Court |
Section 192E of the Crimes Act 1900 (NSW) |
| Dishonest destruction of an accounting record | – Fine of $11,000 (If dealt with in the Local Court) – Fine of $110,000 (if dealt with in the District Court) |
– Fine of $11,000 if dealt with in the Local Court. – Fine of $220,000 if dealt with in the District Court |
Section 192F of the Crimes Act 1900 (NSW) |
| Make dishonest statements | – Fine of $11,000 (If dealt with in the Local Court) – Fine of $110,000 (if dealt with in the District Court) |
– Fine of $11,000 if dealt with in the Local Court. – Fine of $220,000 if dealt with in the District Court |
Section 192G of the Crimes Act 1900 (NSW) |
| Dishonest statements with intent to deceive members | – Fine of $11,000 (If dealt with in the Local Court) – Fine of $110,000 (if dealt with in the District Court) |
– Fine of $11,000 if dealt with in the Local Court. – Fine of $220,000 if dealt with in the District Court |
Section 192H of the Crimes Act 1900 (NSW) |
| Larceny | – Fine of $11,000 (If dealt with in the Local Court) – Fine of $110,000 (if dealt with in the District Court) |
– Fine of $11,000 if dealt with in the Local Court. – Fine of $220,000 if dealt with in the District Court |
Section 117 of the Crimes Act 1900 (NSW) |
| Larceny as a clerk | – Fine of $11,000 (If dealt with in the Local Court) – Fine of $110,000 (if dealt with in the District Court) |
– Fine of $11,000 if dealt with in the Local Court. – Fine of $220,000 if dealt with in the District Court |
Section 156 of the Crimes Act 1900 (NSW) |
| Corrupt commissions | – Fine of $11,000 (If dealt with in the Local Court) – Fine of $110,000 (if dealt with in the District Court) |
– Fine of $11,000 if dealt with in the Local Court. – Fine of $220,000 if dealt with in the District Court |
Section 253 of the Crimes Act 1900 (NSW) |
Forgery Offences
| Offence | Maximum fines for individuals | Maximum fines for corporations (if applicable) | Relevant Statutory Provision |
| Make false document | – Fine of $11,000 (If dealt with in the Local Court) – Fine of $110,000 (if dealt with in the District Court) |
– Fine of $11,000 if dealt with in the Local Court. – Fine of $220,000 if dealt with in the District Court |
Section 253 of the Crimes Act 1900 (NSW) |
| Use false document | – Fine of $11,000 (If dealt with in the Local Court) – Fine of $110,000 (if dealt with in the District Court) |
– Fine of $11,000 if dealt with in the Local Court. – Fine of $220,000 if dealt with in the District Court |
Section 253 of the Crimes Act 1900 (NSW) |
| Possession of false document | – Fine of $11,000 (If dealt with in the Local Court) – Fine of $110,000 (if dealt with in the District Court) |
– Fine of $11,000 if dealt with in the Local Court. – Fine of $220,000 if dealt with in the District Court |
Section 255 of the Crimes Act 1900 (NSW) |
| Possess equipment to make false documents | – Fine of $11,000 (If dealt with in the Local Court) – Fine of $110,000 (if dealt with in the District Court) |
– Fine of $11,000 if dealt with in the Local Court. – Fine of $220,000 if dealt with in the District Court |
Section 256(3) of the Crimes Act 1900 (NSW) |
| Possess equipment to make false documents with intent to commit forgery | – Fine of $11,000 (If dealt with in the Local Court) – Fine of $110,000 (if dealt with in the District Court) |
– Fine of $11,000 if dealt with in the Local Court. – Fine of $220,000 if dealt with in the District Court |
Section 256(1) of the Crimes Act 1900 (NSW) |
| Possess items to make false documents | – Fine of $11,000 (If dealt with in the Local Court) – Fine of $110,000 (if dealt with in the District Court) |
– Fine of $11,000 if dealt with in the Local Court. – Fine of $220,000 if dealt with in the District Court |
Section 256(2) of the Crimes Act 1900 (NSW) |
Identity Fraud Offences
| Offence | Maximum fines for individuals | Maximum fines for corporations (if applicable) | Relevant Statutory Provision |
| Dealing with identification information | – Fine of $11,000 (If dealt with in the Local Court) – Fine of $110,000 (if dealt with in the District Court) |
– Fine of $11,000 if dealt with in the Local Court. – Fine of $220,000 if dealt with in the District Court |
Section 192(J) of the Crimes Act 1900 (NSW) |
| Possess identification information | – Fine of $11,000 (If dealt with in the Local Court) – Fine of $110,000 (if dealt with in the District Court) |
– Fine of $11,000 if dealt with in the Local Court. – Fine of $220,000 if dealt with in the District Court |
Section 192(K) of the Crimes Act 1900 (NSW) |
| Possess equipment capable of making identification information | – Fine of $11,000 (If dealt with in the Local Court) – Fine of $110,000 (if dealt with in the District Court) |
– Fine of $11,000 if dealt with in the Local Court. – Fine of $220,000 if dealt with in the District Court |
Section 192(L) of the Crimes Act 1900 (NSW) |
ASIC Offences
| Offence | Maximum fines for individuals | Maximum fines for corporations (if applicable) | Relevant Statutory Provision |
| Directors cheating or defrauding | – Fine of $11,000 (If dealt with in the Local Court) – Fine of $110,000 (if dealt with in the District Court) |
Section 176A of the Crimes Act 1900 (NSW) (repealed) | |
| Director omitting certain entries | – Fine of $11,000 (If dealt with in the Local Court) – Fine of $110,000 (if dealt with in the District Court) |
Section 174 of the Crimes Act 1900 (NSW) (repealed) | |
| Directors publishing false statements | – Fine of $11,000 (If dealt with in the Local Court) – Fine of $110,000 (if dealt with in the District Court) |
Section 176 of the Crimes Act 1900 (NSW) (repealed) |
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