Document ID: chunk:federal_register_of_legislation:C2010A00044:clause:3_12gba
Version: federal_register_of_legislation:C2010A00044
Segment Type: clause
Provision Reference: sch 3 cl 12GBA
Character Range: 81912–83526

12GBA  Pecuniary penalties
 (1) If the Court is satisfied that a person:
 (a) has contravened a provision of Subdivision C, D or GC (other than section 12DA); or
 (b) has attempted to contravene such a provision; or
 (c) has aided, abetted, counselled or procured a person to contravene such a provision; or
 (d) has induced, or attempted to induce, a person, whether by threats or promises or otherwise, to contravene such a provision; or
 (e) has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision; or
 (f) has conspired with others to contravene such a provision;
the Court may order the person to pay to the Commonwealth such pecuniary penalty, in respect of each act or omission by the person to which this section applies, as the Court determines to be appropriate.
 (2) In determining the appropriate pecuniary penalty, the Court must have regard to all relevant matters including:
 (a) the nature and extent of the act or omission and of any loss or damage suffered as a result of the act or omission; and
 (b) the circumstances in which the act or omission took place; and
 (c) whether the person has previously been found by the Court in proceedings under this Subdivision to have engaged in any similar conduct.
 (3) The pecuniary penalty payable under subsection (1) is not to exceed the number of penalty units worked out using the following table:

Number of penalty units
Item                     For each act or omission to which this section applies that relates to ...  the number of penalty units is not to exceed ...