203‑10 Pecuniary penalty order203‑10 Pecuniary penalty order

203‑10 Pecuniary penalty order (1) If the Federal Court has made a *declaration of contravention that specifies an *officer of a private health insurer (see paragraph 203‑5(2)(d)), the court may order the officer to pay the Commonwealth a pecuniary penalty of up to 1,000 penalty units. (2) The court must not make an order under subsection (1) if it is satisfied that a court has ordered the *officer to pay damages in the nature of punitive damages in respect of: (a) the contravention of the *enforceable obligation; or (b) the officer’s failure to take reasonable steps to prevent the insurer contravening the enforceable obligation. (3) The penalty is a civil debt payable to the Commonwealth. The Commonwealth may enforce the order as if it were an order made in civil proceedings against the *officer to recover a debt due by the officer. The debt arising from the order is taken to be a judgment debt.