sec.135AHProceeding for civil penalty order

### sec.135AH Proceeding for civil penalty order This section applies if, on the application of the regulator, the Supreme Court is satisfied the retailer has— committed a material contravention of section 55DA (1) , 55DB (1) or 55DBA (2) ; or attempted to a commit a material contravention of section 55DA (1) , 55DB (1) or 55DBA (2) ; or been involved in a material contravention of section 55DA (1) , 55DB (1) or 55DBA (2) . The court may order the retailer to pay the State as a civil penalty an amount of no more than— for an individual—$100,000; or for a corporation—$500,000. In fixing the penalty, the court must consider— the nature and extent of— the contravention; and loss or damage suffered because of the contravention; and the circumstances in which the contravention took place; and whether the retailer has previously been found by the court in proceedings under this Act to have engaged in any similar conduct. For subsection (1) (c) , a retailer is involved in a contravention if the retailer— has aided, abetted, counselled or procured the contravention; or has induced the contravention, whether through threats, promises or in another way; or has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention; or has conspired with others to effect the contravention. s 135AH prev s 135AH ins 2004 No. 50 s 12 exp 30 June 2014 (see s 135JW) pres s 135AH ins 2014 No. 48 s 74 (sec.135AH-ssec.1) This section applies if, on the application of the regulator, the Supreme Court is satisfied the retailer has— committed a material contravention of section 55DA (1) , 55DB (1) or 55DBA (2) ; or attempted to a commit a material contravention of section 55DA (1) , 55DB (1) or 55DBA (2) ; or been involved in a material contravention of section 55DA (1) , 55DB (1) or 55DBA (2) . (sec.135AH-ssec.2) The court may order the retailer to pay the State as a civil penalty an amount of no more than— for an individual—$100,000; or for a corporation—$500,000. (sec.135AH-ssec.3) In fixing the penalty, the court must consider— the nature and extent of— the contravention; and loss or damage suffered because of the contravention; and the circumstances in which the contravention took place; and whether the retailer has previously been found by the court in proceedings under this Act to have engaged in any similar conduct. (sec.135AH-ssec.4) For subsection (1) (c) , a retailer is involved in a contravention if the retailer— has aided, abetted, counselled or procured the contravention; or has induced the contravention, whether through threats, promises or in another way; or has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention; or has conspired with others to effect the contravention. - (a) committed a material contravention of section 55DA (1) , 55DB (1) or 55DBA (2) ; or - (b) attempted to a commit a material contravention of section 55DA (1) , 55DB (1) or 55DBA (2) ; or - (c) been involved in a material contravention of section 55DA (1) , 55DB (1) or 55DBA (2) . - (a) for an individual—$100,000; or - (b) for a corporation—$500,000. - (a) the nature and extent of— (i) the contravention; and (ii) loss or damage suffered because of the contravention; and - (i) the contravention; and - (ii) loss or damage suffered because of the contravention; and - (b) the circumstances in which the contravention took place; and - (c) whether the retailer has previously been found by the court in proceedings under this Act to have engaged in any similar conduct. - (i) the contravention; and - (ii) loss or damage suffered because of the contravention; and - (a) has aided, abetted, counselled or procured the contravention; or - (b) has induced the contravention, whether through threats, promises or in another way; or - (c) has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention; or - (d) has conspired with others to effect the contravention.