34Civil penalty orders

34 Civil penalty orders

(1) If the Court is satisfied that a person has contravened a civil penalty provision, the Court may order the person to pay to the Commonwealth a pecuniary penalty. Determining amount of pecuniary penalty (1A) In determining the pecuniary penalty, the Court must have regard to all relevant matters, including: (a) the nature and extent of the contravention; and (b) the consequences of the contravention; and (c) the circumstances in which the contravention took place; and (d) the previous conduct of the person. Maximum pecuniary penalty (1B) The pecuniary penalty payable under subsection (1) is not to exceed: (a) for a contravention of subsection 12(9), 17(8) or 20(7): (i) by a person other than a body corporate—500 penalty units; or (ii) by a body corporate—2,500 penalty units; and (b) for a contravention of subsection 18(6) or 19(5): (i) by a person other than a body corporate—300 penalty units; or (ii) by a body corporate—1,500 penalty units; and (c) for a contravention of subsection 13(9): (i) by a person other than a body corporate—100 penalty units; or (ii) by a body corporate—500 penalty units; and (d) for a contravention of subsection 21(9), 22(9), 23(9) or 24(9): (i) by a person other than a body corporate—30 penalty units; or (ii) by a body corporate—150 penalty units. Conduct contravening more than one civil penalty provision (2) If conduct constitutes a contravention of 2 or more civil penalty provisions, a proceeding may be instituted under this Act against a person in relation to the contravention of any one or more of those provisions but a person is not liable to more than one pecuniary penalty under this section in respect of the same conduct. Ancillary contraventions (3) For the purposes of this section, a person is taken to have contravened a civil penalty provision if: (a) the person has attempted to contravene the provision; or (b) the person has aided, abetted, counselled or procured a person to contravene the provision; or (c) the person has induced, or attempted to induce, a person, whether by threats or promises or otherwise, to contravene the provision; or (d) the person has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of the provision; or (e) the person has conspired with others to contravene the provision.