Document ID: chunk:federal_register_of_legislation:C2008A00125:clause:5_61aia
Version: federal_register_of_legislation:C2008A00125
Segment Type: clause
Provision Reference: sch 5 cl 61AIA
Character Range: 130030–131035

61AIA  Declarations of contravention

 (1) The Authority may, on behalf of the Commonwealth, apply for a declaration of contravention under this section in relation to a contravention of a civil penalty provision by a person.

 (2) If the Federal Court is satisfied that the person has contravened the civil penalty provision, the Court must make a declaration of contravention.

Note: Once a declaration is made, the Authority can seek a pecuniary penalty order (see section 61AIC).

 (3) The declaration of contravention must specify the following:
 (a) that the Federal Court made the declaration;
 (b) the civil penalty provision that was contravened;
 (c) if the contravention was an aggravated contravention—the applicable aggravating circumstance under section 38GB;
 (d) the person who contravened the civil penalty provision;
 (e) the conduct that constituted the contravention.

 (4) Proceedings for a declaration of contravention may be started no later than 6 years after the contravention.