Document ID: chunk:federal_register_of_legislation:C2011A00142:clause:1_49a
Version: federal_register_of_legislation:C2011A00142
Segment Type: clause
Provision Reference: sch 1 cl 49A
Character Range: 34099–36251

49A  Civil penalty orders

Application for order
 (1) The Corporation may, on behalf of the Commonwealth, apply to the Federal Court or the Federal Magistrates Court for an order that a person, who is alleged to have contravened a civil penalty provision, pay the Commonwealth a pecuniary penalty.
 (2) The Corporation must make the application within 6 years of the alleged contravention.

Court may order person to pay pecuniary penalty
 (3) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay to the Commonwealth such pecuniary penalty for the contravention as the court determines to be appropriate.
Note: Subsections (5) and (6) set out the maximum penalty that the court may order the person to pay.
 (4) An order under subsection (3) is a civil penalty order.

Determining pecuniary penalty
 (5) If the civil penalty provision is a provision of this Act, the pecuniary penalty must not be more than:
 (a) in the case of a body corporate—300 penalty units for each contravention; and
 (b) in any other case—60 penalty units for each contravention.
 (6) If the civil penalty provision is a provision of the Payroll Levy Collection Act, the pecuniary penalty must not be more than:
 (a) in the case of a body corporate—200 penalty units for each contravention; and
 (b) in any other case—40 penalty units for each contravention.
 (7) In determining the pecuniary penalty, the court may 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 to have engaged in any similar conduct; and
 (e) if the person is a body corporate:
 (i) the level of the employees, officers or agents of the body corporate involved in the contravention; and
 (ii) whether the body corporate exercised due diligence to avoid the contravention; and
 (iii) whether the body corporate had a corporate culture conducive to compliance.