Document ID: chunk:federal_register_of_legislation:C2023C00358:section:81
Version: federal_register_of_legislation:C2023C00358
Segment Type: section
Provision Reference: s 81
Character Range: 38333–40347

81  Penalty etc. for contravention of civil remedy provision
 (1) A relevant court, on application by an authorised applicant, may make one or more of the following orders relating to a person (the defendant) who has contravened a civil remedy provision:
 (a) an order imposing a pecuniary penalty on the defendant;
 (b) an order requiring the defendant to pay a specified amount to another person as compensation for damage suffered by the other person as a result of the contravention;
 (c) any other order that the court considers appropriate.

Maximum penalty for civil remedy provisions
 (2) The maximum pecuniary penalty is:
 (a) for a Grade A civil remedy provision—1,000 penalty units if the defendant is a body corporate and otherwise 200 penalty units; and
 (b) for a Grade B civil remedy provision—100 penalty units if the defendant is a body corporate and otherwise 20 penalty units.

Injunctions
 (3) The orders that may be made under paragraph (1)(c) include:
 (a) injunctions (including interim injunctions); and
 (b) any other orders that the court considers necessary to stop the conduct or remedy its effects, including orders for the sequestration of assets.

Pecuniary penalties
 (5) A pecuniary penalty under paragraph (1)(a) is payable to the Commonwealth, or to some other person if the court so directs. It may be recovered as a debt.
 (6) In determining a pecuniary penalty under paragraph (1)(a), 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 a foreign country) to have engaged in any similar conduct.
 (7) The Consolidated Revenue Fund is appropriated for the purposes of a debt due to a person other than the Commonwealth in relation to a penalty under paragraph (1)(a).