Commonwealth Numbered Acts Commonwealth Numbered ActsApplication for order
(1) The Secretary may apply to a relevant court for an order that a person, who is alleged to have contravened a civil penalty provision, pay the Commonwealth a pecuniary penalty.
(2) A subsection of this Part (or a section of this Part that is not divided into subsections) is a civil penalty provision if the words "civil penalty" and one or more amounts in penalty units are set out at the foot of the subsection (or section).
(3) The Secretary must make an application under subsection (1) within 6 years of the alleged contravention.
Court may order person to pay pecuniary penalty
(4) If the relevant 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: Subsection (6) sets out the maximum penalty that the court may order the person to pay.
(5) An order under subsection (4) is a civil penalty order .
Determining the amount of a pecuniary penalty
(6) The pecuniary penalty must not be more than the pecuniary penalty specified for the civil penalty provision.
(7) In determining the amount of a pecuniary penalty, 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 to have engaged in any similar conduct.