Document ID: chunk:federal_register_of_legislation:C2024C00572:section:31
Version: federal_register_of_legislation:C2024C00572
Segment Type: section
Provision Reference: s 31
Character Range: 156463–158635

31  Court may order person to pay pecuniary penalty for contravening civil penalty provision

Application for order
 (1) Within 6 years of a person contravening a civil penalty provision, the Regulator may apply, on behalf of the Commonwealth, to a Court for an order that the person pay the Commonwealth a pecuniary penalty.

Court may order person to pay pecuniary penalty
 (2) If the Court is satisfied that the person has contravened a civil penalty provision, the Court may order the person to pay to the Commonwealth for each contravention the pecuniary penalty that the Court determines is appropriate.

Maximum pecuniary penalty
 (3) The pecuniary penalty must not exceed the sum of:
 (a) the relevant amount specified for the civil penalty provision; and
 (b) the amount (if any) for which the person is liable under section 30 at the time the Court makes the order.

Determining amount of pecuniary penalty
 (4) 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 the Court in proceedings under this Act 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.

Conduct contravening more than one civil penalty provision
 (5) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Act against a person in relation to the contravention of any one or more of those provisions. However, the person is not liable to more than one pecuniary penalty under this section in respect of the same conduct.