(1)

An appropriate court, on application by an eligible person, may make one or more of the following orders in relation to a person (the defendant ) who has contravened a civil penalty provision:

(a) an order imposing a pecuniary penalty on the defendant;
(b) an order requiring the defendant to pay a specified amount to another person as compensation for damage suffered by the other person as a result of the contravention;
(c) any other order that the court considers appropriate.

(2)

The maximum pecuniary penalty is:

(a) for a Grade A civil penalty provision—1,000 penalty units if the defendant is a body corporate and otherwise 200 penalty units; and
(b) for a Grade B civil penalty provision—100 penalty units if the defendant is a body corporate and otherwise 20 penalty units.

(3)

The orders that may be made under paragraph (1)(c) include:

(a) injunctions (including interim injunctions); and
(b) any other orders that the court considers necessary to stop the conduct or remedy its effects, including orders for the sequestration of assets.

(4)

If the contravention is a contravention of section 38, then the power of the court to grant an injunction restraining a person (the defendant ) from engaging in conduct may be exercised:

(a) whether or not it appears to the court that the defendant intends to engage again, or to continue to engage, in conduct of that kind; and
(b) whether or not the defendant has previously engaged in conduct of that kind; and
(c) whether or not there is an imminent danger of substantial damage to any person if the defendant engages in conduct of that kind.

(5)

A pecuniary penalty is payable to the Commonwealth, or to some other person if the court so directs. It may be recovered as a debt.

(6)

Each of the following is an eligible person for the purposes of this section:

(a) the ABC Commissioner;
(b) an ABC Inspector;
(c) a person affected by the contravention;
(d) a person prescribed by the regulations for the purposes of this paragraph.

(7)

A regulation prescribing persons for the purposes of paragraph (6)(d) may provide that a person is prescribed only in relation to circumstances specified in the regulation.