Document ID: chunk:federal_register_of_legislation:C2024C00440:section:86
Version: federal_register_of_legislation:C2024C00440
Segment Type: section
Provision Reference: s 86
Character Range: 84855–86096

86  Civil penalty orders

Application for order
 (1) The Secretary may apply to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) for an order that a person, who is alleged to have contravened a civil penalty provision, pay the Commonwealth a pecuniary penalty.
 (2) The Secretary must make the application within 6 years of the alleged contravention.

Court may order person to pay pecuniary penalty
 (3) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay to the Commonwealth such pecuniary penalty for the contravention as the court determines appropriate.
Note: Subsection (5) sets out the maximum penalty that the court may order the person to pay.
 (4) An order under subsection (3) is a civil penalty order.
 (5) In determining a pecuniary penalty, the 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 to have engaged in any similar conduct.