Document ID: chunk:federal_register_of_legislation:C2024C00673:section:61ba
Version: federal_register_of_legislation:C2024C00673
Segment Type: section
Provision Reference: s 61BA
Character Range: 107869–109516

61BA  Civil penalty orders

Application for order
 (1) The Authority may apply to a relevant court for an order that a person, who is alleged to have contravened a civil penalty provision, pay a pecuniary penalty.
 (2) The Authority must make the application within 6 years of the alleged contravention.

Relevant court may order person to pay pecuniary penalty
 (3) If the relevant court is satisfied that the person has contravened the civil penalty provision, the relevant court may order the person to pay such pecuniary penalty for the contravention as the relevant court determines to be appropriate.
Note: Subsection (5) sets out the maximum penalty that the relevant court may order the person to pay.
 (4) An order under subsection (3) is a civil penalty order.

Determining pecuniary penalty
 (5) The pecuniary penalty must not be more than:
 (a) if the person is a body corporate—5 times the pecuniary penalty specified for the civil penalty provision; and
 (b) otherwise—the pecuniary penalty specified for the civil penalty provision.
 (6) In determining the pecuniary penalty, the relevant court may take into account all relevant matters, including:
 (a) the nature and extent of the contravention; and
 (b) the nature and extent of any loss or damage suffered because 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 one or more of the following Acts to have engaged in any similar conduct:
 (i) this Act;
 (ii) the Navigation Act;
 (iii) the Crimes Act 1914 or the Criminal Code in relation to this Act.