Document ID: chunk:federal_register_of_legislation:C2004C01070:clause:2_3
Version: federal_register_of_legislation:C2004C01070
Segment Type: clause
Provision Reference: sch 2 cl 3
Character Range: 648611–649303

3  Pecuniary penalty orders

 (1) A Court may order a person to pay the Commonwealth a pecuniary penalty of up to $200,000 if:
 (a) a declaration of contravention by the person has been made under clause 1; and
 (b) the contravention:
 (i) materially prejudices the interests of the Commonwealth authority; or
 (ii) materially prejudices the Commonwealth authority's ability to pay its creditors; or
 (iii) is serious.

 (2) The penalty is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.