77Proceedings for contravention of civil penalty provision of this Act

#### 77 Proceedings for contravention of civil penalty provision of this Act 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. > > **s 77:** Ins 2013 No 94, Sch 1 \[25\].