Document ID: chunk:federal_register_of_legislation:C2019A00017:clause:1_1317g:p2
Version: federal_register_of_legislation:C2019A00017
Segment Type: clause
Provision Reference: sch 1 cl 1317G (pt 2/2)
Character Range: 95389–96351

2.5 million penalty units—2.5 million penalty units.

Contrary intention in relation to pecuniary penalty applicable
 (5) Subsections (3) and (4) apply in relation to a contravention of a civil penalty provision by an individual or a body corporate unless there is a contrary intention under this Act in relation to the pecuniary penalty applicable to the contravention. In that case, the pecuniary penalty applicable is the penalty specified for the civil penalty provision.

Determining pecuniary penalty
 (6) In determining the pecuniary penalty, the Court must take into account all relevant matters, including:
 (a) the nature and extent of the contravention; and
 (b) the nature and extent of any loss or damage suffered because 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 (including a court in foreign country) to have engaged in similar conduct.