Commonwealth Numbered Acts Commonwealth Numbered Acts(1) A relevant court, on application by an authorised applicant, may make one or more of the following orders relating to a person (the defendant ) who has contravened a civil remedy 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.
Note: An authorised applicant may not be able to make an application for an order if there is an enforceable undertaking in force or a compliance notice has been given (see subsections 98(4) and 99(5)).
Maximum penalty for civil remedy provisions
(2) The maximum pecuniary penalty is:
(a) for a Grade A civil remedy provision--1,000 penalty units if the defendant is a body corporate and otherwise 200 penalty units; and
(b) for a Grade B civil remedy provision--100 penalty units if the defendant is a body corporate and otherwise 20 penalty units.
Injunctions
(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 46 or 47 (unlawful industrial action and picketing prohibited), 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.
Pecuniary penalties
(5) A pecuniary penalty under paragraph (1)(a) is payable to the Commonwealth, or to some other person if the court so directs. It may be recovered as a debt.
(6) In determining a pecuniary penalty under paragraph (1)(a), the court must 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 (including a court in a foreign country) to have engaged in any similar conduct.
(7) The Consolidated Revenue Fund is appropriated for the purposes of a debt due to a person other than the Commonwealth in relation to a penalty under paragraph (1)(a). The Financial Management and Accountability Act 1997 does not apply in relation to those amounts.