252Civil penalty orders

252 Civil penalty orders

(1) If a Court is satisfied that a person has contravened a civil penalty provision, the 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 Court may 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 a court in proceedings under this Act to have engaged in any similar conduct; and (e) the extent to which the person has co‑operated with the authorities; and (f) if the person is a body corporate: (i) the level of the employees, officers or agents of the body corporate involved in the contravention; and (ii) whether the body corporate exercised due diligence to avoid the contravention; and (iii) whether the body corporate had a corporate culture conducive to compliance. (4) The pecuniary penalty payable under subsection (1) by a body corporate must not exceed: (a) in the case of a contravention of subsection 64(1) or (2)—the amount worked out under subsection (5); or (b) in the case of a contravention of subsection 47(1) or (2) or 64(3) or (4)—500 penalty units for each contravention; or (c) otherwise—10,000 penalty units for each contravention. (5) For the purposes of paragraph (4)(a), the amount is whichever is the greater of the following amounts: (a) if the court can determine the total value of the benefits that: (i) have been obtained by one or more persons; and (ii) are reasonably attributable to the contravention; 3 times that total value; (b) in any case—10,000 penalty units. (6) The pecuniary penalty payable under subsection (1) by a person other than a body corporate must not exceed: (a) in the case of a contravention of subsection 47(1) or (2) or 64(3) or (4)—100 penalty units for each contravention; or (b) otherwise—2,000 penalty units for each contravention. Civil enforcement of penalty (7) A 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 judgement debt.