Document ID: chunk:federal_register_of_legislation:C2025C00173:section:156
Version: federal_register_of_legislation:C2025C00173
Segment Type: section
Provision Reference: s 156
Character Range: 185258–186237

156  Civil penalty order
 (1) If the Federal Court has made a declaration of contravention that specifies an officer of a private health insurer (see paragraph 155(2)(d)), the Court may order the officer to pay the Commonwealth a pecuniary penalty of up to 1,000 penalty units.
 (2) An order under subsection (1) is a civil penalty order.
 (3) The Federal Court must not make a civil penalty order 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 contravention of the enforceable obligation; or
 (b) the officer's failure to take reasonable steps to prevent the insurer contravening the enforceable obligation.
 (4) The pecuniary penalty is a civil debt payable to the Commonwealth.
 (5) The Commonwealth may enforce the order as if it were an order made in civil proceedings against the officer to recover a debt due by the officer. The debt arising from the order is taken to be a judgment debt.