Document ID: chunk:federal_register_of_legislation:C2010A00125:clause:1_65ac
Version: federal_register_of_legislation:C2010A00125
Segment Type: clause
Provision Reference: sch 1 cl 65AC
Character Range: 69681–72300

65AC  Civil penalty orders
 (1) If a designated 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 or the regulations 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.

Maximum pecuniary penalty
 (4) The pecuniary penalty payable by a person in respect of a contravention of a civil penalty provision (other than subsection 65AB(1)) must not exceed:
 (a) if an offence against a provision of this Act or the regulations corresponds to the civil penalty provision—the maximum pecuniary penalty that could have been imposed on the person if the person had been convicted of the offence; or
 (b) otherwise:
 (i) if the person is not a body corporate—50 penalty units; or
 (ii) if the person is a body corporate—250 penalty units.
 (5) The pecuniary penalty payable by a person in respect of a contravention of subsection 65AB(1) that relates to another civil penalty provision must not exceed:
 (a) if an offence against a provision of this Act or the regulations corresponds to the other civil penalty provision—the maximum pecuniary penalty that could have been imposed on the person if the person had been convicted of the offence; or
 (b) otherwise:
 (i) if the person is not a body corporate—50 penalty units; or
 (ii) if the person is a body corporate—250 penalty units.

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 judgment debt.