81Penalty etc. for contravention of civil remedy provision

81 Penalty etc. for contravention of civil remedy provision

(1) A relevant court, on application by an authorised applicant, may make one or more of the following orders relating to a person (the defendant) who has contravened a civil remedy provision: (a) an order imposing a pecuniary penalty on the defendant; (b) an order requiring the defendant to pay a specified amount to another person as compensation for damage suffered by the other person as a result of the contravention; (c) any other order that the court considers appropriate. Maximum penalty for civil remedy provisions (2) The maximum pecuniary penalty is: (a) for a Grade A civil remedy provision—1,000 penalty units if the defendant is a body corporate and otherwise 200 penalty units; and (b) for a Grade B civil remedy provision—100 penalty units if the defendant is a body corporate and otherwise 20 penalty units. Injunctions (3) The orders that may be made under paragraph (1)(c) include: (a) injunctions (including interim injunctions); and (b) any other orders that the court considers necessary to stop the conduct or remedy its effects, including orders for the sequestration of assets. Pecuniary penalties (5) A pecuniary penalty under paragraph (1)(a) is payable to the Commonwealth, or to some other person if the court so directs. It may be recovered as a debt. (6) In determining a pecuniary penalty under paragraph (1)(a), the court must take into account all relevant matters, including: (a) the nature and extent of the contravention; and (b) the nature and extent of any loss or damage suffered because 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 (including a court in a foreign country) to have engaged in any similar conduct. (7) The Consolidated Revenue Fund is appropriated for the purposes of a debt due to a person other than the Commonwealth in relation to a penalty under paragraph (1)(a).