34Civil penalty

34 Civil penalty

S. 34(1) amended by No. 23/2021 s. 29(1).

(1) If a court makes a declaration under section 33(2) that a person, body or relevant entity has failed to comply with a notice to produce or a notice to comply, the court may order the person, body or relevant entity to pay to the sector regulator that gave the notice a pecuniary penalty not exceeding 120 penalty units in the case of a body corporate or 60 penalty units in any other case.

(2) In determining the amount of the pecuniary penalty under subsection (1), the court must take into account the following considerations—

S. 34(2)(a) amended by No. 23/2021 s. 29(2).

(a) in the case of a person, body or relevant entity that is not an individual, the size of the person, body or relevant entity;

S. 34(2)(b) amended by No. 23/2021 s. 29(2).

(b) the impact of the amount of the penalty on the person, body or relevant entity;

S. 34(2)(c) amended by No. 23/2021 s. 29(2).

(c) whether the non-compliance by the person, body or relevant entity with the notice to produce or notice to comply was wilful or serious.

(3) An order made under this section is taken, for the purposes of enforcement, to be an order made by the court in a civil proceeding.

S. 34(4) amended by No. 23/2021 s. 29(3).

(4) A pecuniary penalty paid to a sector regulator in accordance with an order made under this section must be paid by the sector regulator into the Consolidated Fund.

S. 34A inserted by No. 23/2021 s. 30.