Document ID: chunk:federal_register_of_legislation:C2007A00086:clause:1_66
Version: federal_register_of_legislation:C2007A00086
Segment Type: clause
Provision Reference: sch 1 cl 66
Character Range: 63125–64622

66  Subsection 34(1)
Repeal the subsection, substitute:

 (1) If the Court is satisfied that a person has contravened a civil penalty provision, the Court may order the person to pay to the Commonwealth a pecuniary penalty.

Determining amount of pecuniary penalty

 (1A) 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 consequences of the contravention; and
 (c) the circumstances in which the contravention took place; and
 (d) the previous conduct of the person.

Maximum pecuniary penalty

 (1B) The pecuniary penalty payable under subsection (1) is not to exceed:
 (a) for a contravention of subsection 12(9), 17(8) or 20(7):
 (i) by a person other than a body corporate—500 penalty units; or
 (ii) by a body corporate—2,500 penalty units; and
 (b) for a contravention of subsection 18(6) or 19(5):
 (i) by a person other than a body corporate—300 penalty units; or
 (ii) by a body corporate—1,500 penalty units; and
 (c) for a contravention of subsection 13(9), 14(6) or (7) or 14A(6) or (7):
 (i) by a person other than a body corporate—100 penalty units; or
 (ii) by a body corporate—500 penalty units; and
 (d) for a contravention of subsection 21(9), 22(9), 23(9) or 24(9):
 (i) by a person other than a body corporate—30 penalty units; or
 (ii) by a body corporate—150 penalty units.

Note: The heading to section 34 is replaced by the heading "Civil penalty orders".