Document ID: chunk:federal_register_of_legislation:C2015C00053:clause:4_80w
Version: federal_register_of_legislation:C2015C00053
Segment Type: clause
Provision Reference: sch 4 cl 80W
Character Range: 289446–291002

80W  Civil penalty orders

Application for order
 (1) The Commissioner may apply to the Federal Court or Federal Magistrates Court for an order that an entity, that is alleged to have contravened a civil penalty provision, pay the Commonwealth a pecuniary penalty.
 (2) The Commissioner must make the application within 6 years of the alleged contravention.

Court may order entity to pay pecuniary penalty
 (3) If the court is satisfied that the entity has contravened the civil penalty provision, the court may order the entity to pay to the Commonwealth such pecuniary penalty for the contravention as the court determines to be appropriate.
Note: Subsection (5) sets out the maximum penalty that the court may order the entity to pay.
 (4) An order under subsection (3) is a civil penalty order.

Determining pecuniary penalty
 (5) The pecuniary penalty must not be more than:
 (a) if the entity is a body corporate—5 times the amount of the pecuniary penalty specified for the civil penalty provision; or
 (b) otherwise—the amount of the pecuniary penalty specified for the civil penalty provision.
 (6) In determining the pecuniary penalty, the court must 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 entity has previously been found by a court in proceedings under this Act to have engaged in any similar conduct.