Document ID: chunk:federal_register_of_legislation:C2019A00017:clause:4_75b
Version: federal_register_of_legislation:C2019A00017
Segment Type: clause
Provision Reference: sch 4 cl 75B
Character Range: 282285–283475

75B  Pecuniary penalty orders

Application for order
 (1) ASIC 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) ASIC must make the application within 6 years of the alleged contravention.

Court may order person to pay pecuniary penalty
 (3) If a declaration has been made under section 75A that the person has contravened the provision, the court may order the person to pay to the Commonwealth a pecuniary penalty that the court considers is appropriate (but not more than the amount specified in section 75C).
 (4) An order under subsection (3) is a pecuniary penalty order.

Determining pecuniary penalty
 (5) 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.