Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If the * Federal Court is satisfied, on the balance of probabilities, that a person (the operator ) has contravened a * civil penalty provision, the Court may order the operator to pay to the * Slot Manager, on behalf of the Commonwealth, such pecuniary penalty in respect of the contravention as the Court determines to be appropriate.
(2) In determining the pecuniary penalty, the Court must have regard to the following matters:
(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 operator has previously been found by the Court in proceedings under this Act to have engaged in similar conduct.
The Court may also have regard to any other matters it considers relevant.
(3) The pecuniary penalty payable under subsection (1) is not to exceed:
(a) for a contravention of section 12:
(i) if the contravention is by a body corporate--2,000 penalty units; and
(ii) if the contravention is by an individual--400 penalty units; and
(b) for a contravention of section 13:
(i) if the contravention is by a body corporate--1,000 penalty units; and
(ii) if the contravention is by an individual--200 penalty units.
Note: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.
(4) The * Federal Court may make such declarations or orders as it considers appropriate in relation to, or as a result of, the proceedings, including (but not limited to):
(a) a declaration that the operator did not contravene a * civil penalty provision; and
(b) a declaration that an * infringment notice that was issued to the operator should not have been issued to the operator, and is not to be counted as an infringement notice for any purpose; and
(c) an order as to costs.