Document ID: chunk:federal_register_of_legislation:C2025C00189:section:76
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 76
Character Range: 1121259–1123883

76  Pecuniary penalties
 (1) If the Court is satisfied that a person:
 (a) has contravened any of the following provisions:
 (i) a provision of Part IV (other than section 45AF or 45AG);
 (iaa) a provision of Part IVBA specified in subsection (4A);
 (iab) subsection 53ZQ(1), (2) or (3), section 53ZV, subsection 53ZW(1) or a civil penalty provision of a gas market instrument; or
 (ia) section 55B;
 (ib) subsection 56BO(1) or 56BU(1), section 56BZA, 56BZB or 56BZC, subsection 56BZD(1), section 56BZJ or a civil penalty provision of the consumer data rules;
 (ic) a provision of Part IVE;
 (ii) section 60C;
 (iia) section 60K;
 (iii) section 92;
 (iiia) a provision of Division 2 of Part XICA;
 (iiib) subsection 153ZEL(2);
 (iv) a civil penalty provision of an industry code; 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 having regard to all relevant matters including the nature and extent of the act or omission and of any loss or damage suffered as a result of the act or omission, the circumstances in which the act or omission took place and whether the person has previously been found by the Court in proceedings under this Part or Part XIB to have engaged in any similar conduct.
Note: Section 87AA provides that, if boycott conduct is involved in proceedings, the Court must have regard to certain matters in exercising its powers under this Part. (Boycott conduct is defined in subsection 87AA(2).)
 (1A) The pecuniary penalty payable by a person under subsection (1) is not to exceed the amount worked out using the following table.

Amount of pecuniary penalty
Item                         For each act or omission to which this section applies that relates to …                                                                                                                       if the person is a body corporate—the pecuniary penalty is not to exceed …                              if the person is not a body corporate—the pecuniary penalty is not to exceed …