Independent Competition and Regulatory Commission Act 1997
54NDeciding civil penalty for enforcement order
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54N Deciding civil penalty for enforcement order (1) The maximum civil penalty payable for a contravention of a civil penalty provision is the penalty mentioned in schedule 5, section 5.3, column 3 for the provision. (2) Without limiting the matters the court may consider, in deciding the amount of the civil penalty for an enforcement order, the court must consider the following: (a) the nature and extent of the contravention; (b) the circumstances in which the contravention took place; (c) any loss or damage suffered because of the contravention; (d) any benefit the person and, for a corporation, a related corporation, has obtained directly or indirectly that is reasonably attributable to the contravention; (e) whether the person has previously engaged in conduct similar to the conduct constituting the contravention.