Sch 2 s 224Pecuniary penalties

224 Pecuniary penalties

(1) If a court is satisfied that a person:

(a) has contravened any of the following provisions:

(i) a provision of Part 2‑2 (which is about unconscionable conduct);

(iia) section 23(2A) or (2C) (which is about unfair terms in standard form consumer or small business contracts);

(ii) a provision of Part 3‑1 (which is about unfair practices);

(iii) section 66(2) (which is about display notices);

(iv) a provision (other than section 85) of Division 2 of Part 3‑2 (which is about unsolicited consumer agreements);

(v) a provision (other than section 96(2)) of Division 3 of Part 3‑2 (which is about lay‑by agreements);

(va) section 99B(1), 99C, 99D(1), 99E or 99F(2) (which are about gift cards);

(vi) section 100(1) or (3) or 101(3) or (4) (which are about proof of transactions and itemised bills);

(vii) section 102(2) or 103(2) (which are about prescribed requirements for warranties and repairers);

(viii) section 106(1), (2), (3) or (5), 107(1) or (2), 108(2) or (3), 108A, 118(1), (2), (3) or (5), 119(1) or (2), 125(4), 127(1) or (2), 128(2) or (6), 131(1) or 132(1) (which are about safety of consumer goods and product related services);

(ix) section 136(1), (2) or (3), 137(1) or (2), 137AA or 137B (which are about information standards);

(x) section 221(1) or 222(1) (which are about substantiation notices); or

(b) has attempted to contravene such a provision; or

(c) has aided, abetted, counselled or procured a person to contravene such a provision; or

(d) has induced, or attempted to induce, a person, whether by threats or promises or otherwise, to contravene such a provision; or

(e) has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision; or

(f) has conspired with others to contravene such a provision;

the court may order the person to pay to the Commonwealth, State or Territory, as the case may be, such pecuniary penalty, in respect of each act or omission by the person to which this section applies, as the court determines to be appropriate.

(2) In determining the appropriate pecuniary penalty, the court must have regard to all relevant matters including:

(a) the nature and extent of the act or omission and of any loss or damage suffered as a result of the act or omission; and

(b) the circumstances in which the act or omission took place; and

(c) whether the person has previously been found by a court in proceedings under Chapter 4 or this Part to have engaged in any similar conduct.