67Civil penalties relating to service‑level standards

67 Civil penalties relating to service‑level standards

Failure to comply with service‑level standards

(1) A designated entity is liable to a civil penalty if:

(a) a service‑level standard applies to the entity; and

(b) the entity fails to comply with the standard.

Note 1: An individual may be liable for an ancillary contravention of this civil penalty provision (see section 92 of the Regulatory Powers Act).

Note 2: There is an exception to this civil penalty provision in section 195A (interactions with cash‑related contractual chain orders).

Civil penalty:

(a) for a body corporate—the greater of:

(i) 50,000 penalty units; and

(ii) if the court can determine the benefit derived and detriment avoided because of the contravention—that amount multiplied by 3; and

(b) for an individual—the greater of:

(i) 5,000 penalty units; and

(ii) if the court can determine the benefit derived and detriment avoided because of the contravention—that amount multiplied by 3.

(2) Subsection (1) does not apply if:

(a) an exemption is in force under section 68 in relation to the entity; and

(b) either:

(i) the exemption covers the entity’s compliance with the standard generally; or

(ii) the failure to comply with the standard arose in relation to a requirement covered by the exemption.

Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).

Failure to comply with direction given by ACCC

(3) A designated entity is liable to a civil penalty if:

(a) the entity is given a direction under section 66; and

(b) the entity fails to comply with the direction.

Note 1: An individual may be liable for an ancillary contravention of this civil penalty provision (see section 92 of the Regulatory Powers Act).

Note 2: This subsection is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.

Note 3: There is an exception to this civil penalty provision in section 195A (interactions with cash‑related contractual chain orders).

Civil penalty:

(a) for a body corporate—300 penalty units.

(b) for an individual—60 penalty units.

(4) Subsection (3) does not apply if:

(a) an exemption is in force under section 68 in relation to the entity; and

(b) either:

(i) the exemption covers the entity’s compliance with the standard generally; or