Document ID: chunk:federal_register_of_legislation:C2025C00023:section:205f:p1
Version: federal_register_of_legislation:C2025C00023
Segment Type: section
Provision Reference: s 205F (pt 1/4)
Character Range: 786578–789320

205F  Civil penalty orders
 (1) If the Federal Court is satisfied that a person has contravened a civil penalty provision, the Federal Court may order the person to pay the Commonwealth a pecuniary penalty.
 (2) An order under subsection (1) is to be known as a civil penalty order.

Determining amount of pecuniary penalty
 (3) In determining the pecuniary penalty, the Federal Court must 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 a court in proceedings under this Act to have engaged in any similar conduct.

Maximum pecuniary penalty
 (4) The pecuniary penalty payable by a person in respect of a contravention of a civil penalty provision (other than subsection 74F(1), 74G(1), 74H(1), 74J(1), 74K(1), 205AG(1) or 205E(1) or subclause 25(1) or 26(4) of Schedule 8) must not exceed the maximum pecuniary penalty that could have been imposed on the person if the person had been convicted of an offence against the provision of this Act that corresponds to the civil penalty provision.
 (5) The pecuniary penalty payable by a person in respect of a contravention of subsection 205E(1) that relates to another civil penalty provision (other than subsection 74F(1), 74G(1), 74H(1), 74J(1), 74K(1) or 205AG(1) or subclause 25(1) or 26(4) of Schedule 8) must not exceed the maximum pecuniary penalty that could have been imposed on the person if the person had been convicted of an offence against the provision of this Act that corresponds to the other civil penalty provision.
 (5AA) The pecuniary penalty payable by a person in respect of:
 (a) a contravention of subsection 74F(1), 74G(1), 74H(1), 74J(1) or 74K(1); or
 (b) a contravention of section 205E that relates to a contravention of subsection 74F(1), 74G(1), 74H(1), 74J(1) or 74K(1);
must not exceed:
 (c) if the person is a body corporate—300 penalty units; or
 (d) if the person is not a body corporate—60 penalty units.
 (5AB) The pecuniary penalty payable by a person in respect of:
 (a) a contravention of subsection 130ZZN(1), (2), (3) or (4); or
 (b) a contravention of section 205E that relates to a contravention of subsection 130ZZN(1), (2), (3) or (4);
must not exceed:
 (c) if the person is a body corporate—whichever of the following is greatest:
 (i) 10,000 penalty units;
 (ii) if the Federal Court can determine the value of the benefit that the body corporate, and any body corporate related to the body corporate, has obtained directly or indirectly and that is reasonably attributable to