13Pecuniary penalties

#### 13 Pecuniary penalties (1) If the Court is satisfied that a prescribed corporation has contravened a provision of section 10 or 11, the Court may order the corporation to pay to the Commonwealth such pecuniary penalty, not exceeding: (a) in the case of a contravention of subsection 10(2) or (3)—$10,000 for each retail site exceeding the number of retail sites specified in the regulations in accordance with that subsection; (b) in the case of a contravention of subsection 11(1), (1A), (2), (3) or (4)—$5,000; or (c) in the case of a contravention of subsection 11(8)—$10,000, as the Court determines to be appropriate having regard to all relevant matters, including the circumstances in which the contravention took place and whether the corporation has previously been found by the Court in proceedings under this section to have contravened that provision. (1A) Where an act or omission by a prescribed corporation constitutes a contravention of subsection 11(8) and also a contravention of any other subsection of section 11, the corporation may be ordered to pay a penalty in respect of either contravention, but not both. (2) The Minister may institute a proceeding in the Court for recovery on behalf of the Commonwealth of a pecuniary penalty referred to in subsection (1). (3) A proceeding under subsection (2) may be commenced within 6 years after the contravention. (4) Where, in a proceeding under this section: (a) it is established that: (i) a statement has been lodged under section 11 stating that a corporation operated a retail site during a particular month; and (ii) a statement has not been lodged under subsection 11(3) stating that the corporation did not operate the site during a subsequent month; and (b) it is alleged that the corporation operated the site during a month after the month referred to in subparagraph (a)(i), the first‑mentioned statement is prima facie evidence that the corporation operated the site as so alleged. (5) Criminal proceedings do not lie against a person in respect of a contravention of a provision of section 10, 11 or 16. (6) In this section, contravention, in relation to a provision, includes an attempt to contravene that provision.