Document ID: chunk:federal_register_of_legislation:C2024C00517:section:69
Version: federal_register_of_legislation:C2024C00517
Segment Type: section
Provision Reference: s 69
Character Range: 90248–92281

69  Civil penalty orders
 (1) If a Court is satisfied that a person has contravened a civil penalty provision, the Court may order the person to pay the Commonwealth a pecuniary penalty.
 (2) An order under subsection (1) is to be known as a civil penalty order.

Determining amount of pecuniary penalty
 (3) In determining the pecuniary penalty, the Court may have regard to all relevant matters, including:
 (a) the nature and extent of the contravention; and
 (b) the nature and extent of any loss or damage suffered as a result of the contravention; and
 (c) the circumstances in which the contravention took place; and
 (d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and
 (e) the extent to which the person has co‑operated with the authorities; and
 (f) if the person is a body corporate:
 (i) the level of the employees, officers or agents of the body corporate involved in the contravention; and
 (ii) whether the body corporate exercised due diligence to avoid the contravention; and
 (iii) whether the body corporate had a corporate culture conducive to compliance.
 (4) The pecuniary penalty payable under subsection (1) by a body corporate must not exceed:
 (a) in the case of a contravention of subsection 26(1), (2) or (5)—500 penalty units for each contravention; or
 (b) otherwise—10,000 penalty units for each contravention.
 (5) The pecuniary penalty payable under subsection (1) by a person other than a body corporate must not exceed:
 (a) in the case of a contravention of subsection 26(1), (2) or (5)—100 penalty units for each contravention; or
 (b) otherwise—2,000 penalty units for each contravention.

Civil enforcement of penalty
 (6) A pecuniary penalty is a civil debt payable to the Commonwealth. The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgement debt.