Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p136
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 136/175)
Character Range: 515739–518598

Pecuniary penalty orders

Pecuniary penalties
 (1) A Court may order a person to pay the Commonwealth a pecuniary penalty of up to $200,000 if:
 (a) a declaration of contravention by the person has been made under section 386‑1; and
 (b) the contravention:
 (i) materially prejudices the interests of the Aboriginal and Torres Strait Islander corporation affected by the contravention or the interests of its members; or
 (ii) materially prejudices the ability of the Aboriginal and Torres Strait Islander corporation affected by the contravention to pay its creditors; or
 (iii) is serious.

Responsibilities of secretaries for certain corporate contraventions
 (1A) Without limiting subsection (1), if a declaration of contravention by a person of subsection 265‑40(1) has been made under section 386‑1, a Court may order the person to pay the Commonwealth a pecuniary penalty of up to $3,000.

Penalty a civil debt etc.
 (2) The penalty is a civil debt payable to the Commonwealth. The Registrar, or the Commonwealth, may enforce the 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 judgment debt.

386‑15  Compensation orders—civil penalty provisions

Compensation for damage suffered
 (1) A Court may order a person to compensate an Aboriginal and Torres Strait Islander corporation for damage suffered by the corporation if:
 (a) the person has contravened a civil penalty provision in relation to the corporation; and
 (b) the damage resulted from the contravention.
The order must specify the amount of the compensation.
Note: An order may be made under this subsection whether or not a declaration of contravention has been made under section 386‑1.

Damage includes profits
 (2) In determining the damage suffered by the corporation for the purposes of making a compensation order, include profits made by any person resulting from the contravention.

Recovery of damage
 (3) A compensation order may be enforced as if it were a judgment of the Court.

386‑20  Who may apply for a declaration or order

Application by Registrar
 (1) The Registrar may apply for a declaration of contravention, a pecuniary penalty order or a compensation order.

Application by corporation
 (2) The Aboriginal and Torres Strait Islander corporation affected by the contravention of a civil penalty provision may apply for a compensation order.
Note: An application for a compensation order may be made whether or not a declaration of contravention has been made under section 386‑1.
 (3) The Aboriginal and Torres Strait Islander corporation affected by the contravention of a civil penalty provision may intervene in an application for a declaration of contravention or a pecuniary penalty order in relation to the corporation. The corporation is entitled