sec.270WProceeding for civil penalty order

sec.270W Proceeding for civil penalty order

This section applies if, on the application of QCA, the Supreme Court is satisfied a distributor has— committed a material contravention of a distribution network code; or attempted to commit a material contravention of a distribution network code; or been involved in a material contravention of a distribution network code. The court may order the distributor to pay the State as a civil penalty an amount of no more than— for an individual—$100000; or for a corporation—$500000. 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 distributor has previously been found by the court in proceedings under this Act to have engaged in any similar conduct. For subsection (1) (c) , a distributor is involved in a contravention if the distributor— 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. See also chapter 6 , part 3 , division 3 (Provisions for civil penalty proceedings). s 270W ins 2006 No. 60 s 145 (amd 2007 No. 17 s 48 (3) ) amd 2014 No. 48 s 183 sch 1 (sec.270W-ssec.1) This section applies if, on the application of QCA, the Supreme Court is satisfied a distributor has— committed a material contravention of a distribution network code; or attempted to commit a material contravention of a distribution network code; or been involved in a material contravention of a distribution network code. (sec.270W-ssec.2) The court may order the distributor to pay the State as a civil penalty an amount of no more than— for an individual—$100000; or for a corporation—$500000. (sec.270W-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 distributor has previously been found by the court in proceedings under this Act to have engaged in any similar conduct. (sec.270W-ssec.4) For subsection (1) (c) , a distributor is involved in a contravention if the distributor— 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. See also chapter 6 , part 3 , division 3 (Provisions for civil penalty proceedings).

• (a) committed a material contravention of a distribution network code; or