175Civil penalty orders

#### 175 Civil penalty orders (1) If the Federal Court is satisfied that a person has contravened a civil penalty provision, the Federal Court may order the person to pay the Commonwealth a pecuniary penalty. (2) An order under subsection (1) is to be known as a civil penalty order. Determining amount of pecuniary penalty (3) In determining the pecuniary penalty, the Federal Court must have regard to all relevant matters, including: (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 person has previously been found by the Federal Court in proceedings under this Act to have engaged in any similar conduct; and (e) if the Federal Court considers that it is appropriate to do so—whether the person has previously been found by a court in proceedings under a law of a State or Territory to have engaged in any similar conduct; and (f) if the Federal Court considers that it is appropriate to do so—whether the person has previously been found by a court in a foreign country to have engaged in any similar conduct; and (g) if the Federal Court considers that it is appropriate to do so—whether the person has previously been found by a court in proceedings under the repealed Financial Transaction Reports Act 1988 to have engaged in any similar conduct. Maximum pecuniary penalty (4) The pecuniary penalty payable by a body corporate must not exceed 100,000 penalty units. (5) The pecuniary penalty payable by a person other than a body corporate must not exceed 20,000 penalty units. Conduct contravening more than one civil penalty provision (6) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this section against a person in relation to the contravention of any one or more of those provisions. However, the person is not liable to more than one pecuniary penalty under this section in respect of the same conduct. Civil enforcement of penalty (7) The pecuniary penalty is a civil debt payable to the Commonwealth. The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.