New South Wales Consolidated Acts

CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 - SECT 77

77 Proceedings for contravention of civil penalty provision of this Act

(1) This section applies to a provision of this Act (a
"civil penalty provision" of this Act) if the words "Civil penalty provision" are specified at the end of the provision.

Note : A contravention of a provision of this Act for which a maximum penalty is provided is an offence rather than a contravention of a civil penalty provision of this Act.

(2) The Tribunal may, on the application of an authorised official, order a person to pay a monetary penalty if the Tribunal is satisfied that the person has contravened a civil penalty provision of this Act.

(3) The monetary penalty must not exceed--

(a) in the case of a contravention by a corporation--$22,000, or

(b) in any other case--$11,000.

(4) In determining whether to impose a monetary penalty or the appropriate amount for the penalty, the Tribunal is to have regard to the following matters--

(a) the deterrent effect of the imposition of a penalty on the contravener,

(b) the nature and extent of the contravention,

(c) any loss or damage sustained, or gain or benefit obtained, as a result of the contravention,

(d) whether the contravention indicates a pattern of behaviour by the contravener of failing to comply with the orders or processes of the Tribunal,

(e) the length of time during which the contravention occurred,

(f) such other matters as the Tribunal considers relevant.

(5) Proceedings for a penalty under this section may be brought within the period of 2 years of the date on which the contravention is alleged to have occurred.

(6) The standard of proof that applies in connection with an application under this section is proof on the balance of probabilities.

Note : The Tribunal must observe the rules of evidence in proceedings under this section. See section 38(3).

(7) A penalty imposed under this section may be recovered from the person on whom it is imposed in any court of competent jurisdiction as a debt due to the Crown.