Document ID: chunk:federal_register_of_legislation:C2004A01303:clause:1_30a
Version: federal_register_of_legislation:C2004A01303
Segment Type: clause
Provision Reference: sch 1 cl 30A
Character Range: 3742–5313

30A  Enforcement for infringement of reserved services

 (1) A person shall not engage in conduct that involves an infringement of Australia Post's exclusive right to undertake the reserved services.

 (2) If the Federal Court is satisfied that a person has contravened subsection (1), the Court may order the person to pay to the Commonwealth such pecuniary penalty, in respect of each contravention, as the Court determines to be appropriate.

 (3) In determining the pecuniary penalty, the 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 the Court in proceedings under this Act to have engaged in any similar conduct.

 (4) The pecuniary penalty payable under subsection (2) by a body corporate is not to exceed $250,000 for each contravention.

 (5) The pecuniary penalty payable under subsection (2) by a person other than a body corporate is not to exceed $50,000 for each contravention.

 (6) The Minister or the ACCC may institute a proceeding in the Federal Court for the recovery on behalf of the Commonwealth of a pecuniary penalty referred to in subsection (2).

 (7) A proceeding under subsection (6) may be commenced within 6 years after the contravention.

 (8) For the avoidance of doubt, the remedy in this section is in addition to that provided in section 31 of this Act.