Document ID: chunk:federal_register_of_legislation:C2011C00636:clause:2_219tsc
Version: federal_register_of_legislation:C2011C00636
Segment Type: clause
Provision Reference: sch 2 cl 219TSC
Character Range: 83087–84555

219TSC  Civil penalty orders

 (1) If the Federal Court of Australia or the Federal Magistrates Court is satisfied that a person has contravened a civil penalty provision, the court may, on the application of the Minister, order the person to pay to the Commonwealth such pecuniary penalty, in respect of each contravention, as the court determines to be appropriate.

 (2) An order under subsection (1) is to be known as a civil penalty order.

Determining pecuniary penalty

 (3) 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 nature and extent of any loss or damage suffered as a result 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 in proceedings under this Act to have engaged in any similar conduct.

Civil enforcement of penalty

 (4) The pecuniary penalty is a civil debt payable to the Commonwealth.

 (5) The Commonwealth may enforce the order under subsection (1) 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.

Note: If a civil penalty order is made in relation to a person who operates an approved child care service, the Secretary may be able to take further action against the service under section 200.