Under the Australian Consumer Law as at 2025, what is the maximum civil penalty for a corporation for each false or misleading representation, such as a breach of section 29 or 30?
Correct Answer
C) The greater of $50 million, three times the benefit, or 30% of adjusted turnover
Since November 2022, the maximum civil penalty for a corporation for each contravention of provisions such as sections 29 and 30 of the ACL is the greater of $50 million and three times the value of the benefit obtained, or, where the court cannot determine that benefit, the greater of $50 million and 30% of adjusted turnover during the breach turnover period (s224(3A)). Section 18 itself carries no pecuniary penalty. Penalty levels are amended from time to time, so the date matters.
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