sec.271AHProceeding for civil penalty order

sec.271AH 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 175A ; or attempted to commit a material contravention of section 175A ; or been involved in a material contravention of section 175A . 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 distributor or retailer is involved in a contravention if the distributor or 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 a party to, the contravention; or has conspired with others to effect the contravention. s 271AH ins 2014 No. 48 s 164 (sec.271AH-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 175A ; or attempted to commit a material contravention of section 175A ; or been involved in a material contravention of section 175A . (sec.271AH-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.271AH-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.271AH-ssec.4) For subsection (1) (c) , a distributor or retailer is involved in a contravention if the distributor or 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 a party to, the contravention; or has conspired with others to effect the contravention.

• (a) committed a material contravention of section 175A ; or
• (b) attempted to commit a material contravention of section 175A ; or
• (c) been involved in a material contravention of section 175A .
• (a) for an individual—$100,000; or
• (b) for a corporation—$500,000.