Document ID: chunk:federal_register_of_legislation:C2025C00131:section:61aia
Version: federal_register_of_legislation:C2025C00131
Segment Type: section
Provision Reference: s 61AIA
Character Range: 237234–238233

61AIA  Declarations of contravention
 (1) The Authority may, on behalf of the Commonwealth, apply for a declaration of contravention under this section in relation to a contravention of a civil penalty provision by a person.
 (2) If the Federal Court is satisfied that the person has contravened the civil penalty provision, the Court must make a declaration of contravention.
Note: Once a declaration is made, the Authority can seek a pecuniary penalty order (see section 61AIC).
 (3) The declaration of contravention must specify the following:
 (a) that the Federal Court made the declaration;
 (b) the civil penalty provision that was contravened;
 (c) if the contravention was an aggravated contravention—the applicable aggravating circumstance under section 38GB;
 (d) the person who contravened the civil penalty provision;
 (e) the conduct that constituted the contravention.
 (4) Proceedings for a declaration of contravention may be started no later than 6 years after the contravention.