Document ID: chunk:federal_register_of_legislation:C2019A00017:clause:3_6
Version: federal_register_of_legislation:C2019A00017
Segment Type: clause
Provision Reference: sch 3 cl 6
Character Range: 226088–226966

6  Subsections 167(3) and (4)
Repeal the subsections, substitute:

Determining pecuniary penalty
 (3) 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 foreign country) to have engaged in similar conduct.

Civil enforcement of penalty
 (4) A pecuniary penalty is a debt payable to the Commonwealth.
 (5) The Commonwealth may enforce a pecuniary penalty 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 judgement debt.