315Civil penalty orders

315 Civil penalty orders

(1) The Court may make one or more of the following orders in relation to a person who has contravened a civil penalty provision—

(a) an order that the person pay a pecuniary penalty of not more than the maximum penalty referred to in column 3 or 4 of the item of the table in section 314 in respect of the civil penalty provision;

(b) any other order that the Court considers appropriate.

(2) For the purposes of determining the amount of a civil penalty order under this Part, the Court may have regard to any relevant matter including, but not limited to the following—

(a) the nature and extent of the conduct constituting the contravention;

(b) the nature and extent of any loss or damage suffered as a result of the conduct including the cost of remedying any harm;

(c) the circumstances in which the contravention took place;

(d) whether the person who contravenes a civil penalty provision had previously contravened a civil penalty provision;

(e) any enforceable undertaking that is accepted by the Authority in relation to the conduct.

(3) Nothing in this section is to be construed as limiting any other power of the Court.

(4) Proceedings under this provision are civil proceedings for all purposes.

S. 316 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).