Commonwealth Consolidated Acts

AUSTRALIAN NATIONAL REGISTRY OF EMISSIONS UNITS ACT 2011 - SECT 69

  (1)   If a Court is satisfied that a person has contravened a civil penalty provision, the Court may order the person to pay the Commonwealth a pecuniary penalty.

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

Determining amount of pecuniary penalty

  (3)   In determining the pecuniary penalty, the Court may 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; and

  (e)   the extent to which the person has co - operated with the authorities; and

  (f)   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.

  (4)   The pecuniary penalty payable under subsection   (1) by a body corporate must not exceed:

  (a)   in the case of a contravention of subsection   26(1), (2) or (5)--500 penalty units for each contravention; or

  (b)   otherwise--10,000 penalty units for each contravention.

  (5)   The pecuniary penalty payable under subsection   (1) by a person other than a body corporate must not exceed:

  (a)   in the case of a contravention of subsection   26(1), (2) or (5)--100 penalty units for each contravention; or

  (b)   otherwise--2,000 penalty units for each contravention.

Civil enforcement of penalty

  (6)   A pecuniary penalty is a civil debt payable to the Commonwealth. The Commonwealth may enforce the civil 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.