Document ID: chunk:federal_register_of_legislation:C2025C00094:section:291
Version: federal_register_of_legislation:C2025C00094
Segment Type: section
Provision Reference: s 291
Character Range: 281174–282809

291  Civil penalty orders

Application for order
 (1) AMSA may apply to an eligible court for an order that a person who is alleged to have contravened a civil penalty provision pay a pecuniary penalty.
 (2) AMSA must make the application within 6 years of the alleged contravention.

Eligible court may order person to pay pecuniary penalty
 (3) If the eligible court is satisfied that the person has contravened the civil penalty provision, the eligible court may order the person to pay such pecuniary penalty for the contravention as the eligible court determines to be appropriate.
Note: Subsection (5) sets out the maximum penalty that the eligible court may order the person to pay.
 (4) An order under subsection (3) is a civil penalty order.

Determining pecuniary penalty
 (5) The pecuniary penalty must not be more than:
 (a) if the person is a body corporate—5 times the civil penalty specified for the contravention; and
 (b) otherwise—the civil penalty specified for the contravention.
 (6) In determining the pecuniary penalty, the eligible court may 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 in proceedings under one or more of the following to have engaged in any similar conduct:
 (i) this Act;
 (ii) the Marine Safety (Domestic Commercial Vessel) National Law;
 (iii) the Crimes Act 1914 or the Criminal Code in relation to this Act.