93Civil action for contraventions

93 Civil action for contraventions

(1) The Authority may apply to a court referred to in subsection (6) for an order under this section.

(2) The court may make one or more of the following orders in relation to a person who has contravened a civil penalty provision—

(a) an order that the person pay a pecuniary penalty of not more than the amount set out in the table in section 94(2) in relation to the provision;

(b) any other order that the court considers appropriate.

(3) The orders that may be made under subsection (2)(b) include—

(a) injunctions; and

(b) any other orders that the court considers necessary to stop the conduct or remedy its effects.

(4) Nothing in this section is to be construed as limiting any other power of the court.

(5) For the purposes of determining the amount of a pecuniary penalty under this section the court must have regard to—

(a) the nature and extent of the contravention; and

(b) the nature and extent of any loss or damage suffered as a result of the contravention; and

(c) the circumstances in which the contravention took place.

(6) An application under this section may be made to—

(a) in the case of a civil penalty provision for which the maximum penalty is 500 penalty units or less for a natural person or 2500 penalty units or less for a body corporate—the Magistrates' Court or the Supreme Court; and

(b) in any other case—the Supreme Court.

(7) An application under this section must be made within 6 years of the contravention.

(8) Proceedings under this provision are civil proceedings for all purposes.