Document ID: chunk:federal_register_of_legislation:C2025C00185:section:1317g
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 1317G
Character Range: 5640866–5642455

1317G  Pecuniary penalty orders

Court may order person to pay pecuniary penalty
 (1) A Court may order a person to pay to the Commonwealth a pecuniary penalty in relation to the contravention of a civil penalty provision if:
 (a) a declaration of contravention of the civil penalty provision by the person has been made under section 1317E; and
 (b) if the contravention is of a corporation/scheme civil penalty provision, the contravention:
 (i) materially prejudices the interests of the corporation, scheme or fund, or its members; or
 (ii) materially prejudices the corporation's ability to pay its creditors; or
 (iii) is serious; and
 (c) if the contravention is of a financial services civil penalty provision (other than one excluded by subsection (1A)), the contravention:
 (i) materially prejudices the interests of acquirers or disposers of the relevant financial products; or
 (ii) materially prejudices the issuer of the relevant financial products or, if the issuer is a corporation, scheme or fund, the members of that corporation, scheme or fund; or
 (iii) is serious; and
 (d) if the contravention is of subsection 1211B(1) or (2) (complying with the Passport Rules for this jurisdiction), the contravention:
 (i) materially prejudices the interests of the passport fund or its members; or
 (ii) is serious.
The order is a pecuniary penalty order.
 (1A) The civil penalty provisions in the following table are excluded by this subsection.

Excluded civil penalty provisions of Part 7.7A
Item                                            Provision                    Matter