61AIADeclarations of contravention

61AIA Declarations of contravention

(1) The Authority may, on behalf of the Commonwealth, apply for a declaration of contravention under this section in relation to a contravention of a civil penalty provision by a person. (2) If the Federal Court is satisfied that the person has contravened the civil penalty provision, the Court must make a declaration of contravention.

Note: Once a declaration is made, the Authority can seek a pecuniary penalty order (see section 61AIC).

(3) The declaration of contravention must specify the following: (a) that the Federal Court made the declaration; (b) the civil penalty provision that was contravened; (c) if the contravention was an aggravated contravention—the applicable aggravating circumstance under section 38GB; (d) the person who contravened the civil penalty provision; (e) the conduct that constituted the contravention. (4) Proceedings for a declaration of contravention may be started no later than 6 years after the contravention.