The different treatment accorded between corporate and individual trustees?

There is a material difference between the treatment of corporate and individual trustees.  Where the contravention relates to a duty imposed on the trustees collectively, then each trustee will be subject to the penalty.  In the case of a corporate trustee, there is only one trustee and so one penalty will be imposed.  In the case of individual trustees, the penalty will be imposed on each individual trustee.  

This different treatment means that as a general statement, it is better to be a director of a corporate trustee on whom a penalty has been imposed than an individual trustee subjected to the same penalty.

However, there is a twist.  The directors who will be liable for the corporate trustee’s penalty are the directors of the corporate trustee at the time the administrative penalty is imposed and not the directors at the time the contravention was committed. 

Consequently, it could be that the current directors are liable for the actions of the predecessor directors.  This may have limited effect in practice but could be of relevance where, say, an enduring attorney takes up the role of director of a corporate trustee.