Document ID: chunk:federal_register_of_legislation:C2005C00239:clause:1_73ben
Version: federal_register_of_legislation:C2005C00239
Segment Type: clause
Provision Reference: sch 1 cl 73BEN
Character Range: 35799–37716

73BEN  Imposition and enforcement of orders by the Court

 (1) If:
 (a) the Minister makes an application under subsection 73BEM(1) for a particular order in relation to a registered organization other than an order imposing a pecuniary penalty on an officer of the organization; and
 (b) the Court is satisfied:
 (i) that the organization to which an application relates has breached the Act; and
 (ii) that the order applied for is appropriate to redress the breach;
the Court may make the order applied for.

 (2) If:
 (a) the Minister makes an application under subsection 73BEM(1) for an order imposing a pecuniary penalty on an officer of a registered organization; and
 (b) the Court is satisfied that:
 (i) the registered organization to which the application relates has breached the Act; and
 (ii) an officer of the organization failed to take reasonable steps to prevent the occurrence of that breach;
the Court may, subject to subsection (3), order the officer to pay to the Commonwealth a pecuniary penalty, not exceeding $10,000, in respect of the officer's failure referred to in subparagraph (2)(b)(ii), as the Court considers appropriate.

 (3) The Court must not make an order under subsection (2) if it is satisfied that a court has ordered the officer to pay damages in the nature of punitive damages in respect of:
 (a) the breach referred to in subparagraph (2)(b)(i); or
 (b) the officer's failure referred to in subparagraph (2)(b)(ii).

 (4) In hearing and determining an application for an order under subsection (1) or (2), the Court is to apply the rules of evidence and procedure that it applies in hearing and determining civil matters. A reference in this section to the Court being satisfied of a matter is a reference to the Court being satisfied of the matter on the balance of probabilities.

 (5) An order under subsection (1) or (2) may be enforced as a judgment of the Court.