Document ID: chunk:federal_register_of_legislation:C2013A00126:clause:1_73b
Version: federal_register_of_legislation:C2013A00126
Segment Type: clause
Provision Reference: sch 1 cl 73B
Character Range: 10903–12402

73B  Civil penalty orders

Application for order
 (1) The CEO may apply to a relevant court for an order that a person, who is alleged to have contravened a civil penalty provision, pay the Commonwealth a pecuniary penalty.
 (2) The CEO must make the application within 4 years of the alleged contravention.

Court may order person to pay pecuniary penalty
 (3) If the relevant 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 to be 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.

Determining pecuniary penalty
 (5) The pecuniary penalty must not be more than:
 (a) if the person is a body corporate—5 times the pecuniary penalty specified for the civil penalty provision; and
 (b) otherwise—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 person has previously been found by a court (including a court in a foreign country) to have engaged in any similar conduct.