Part 9 deals with a variety of miscellaneous matters, such as making applications, delegations and the power to make regulations.
(b) that substances contained in products have on the environment, and on the health and safety of human beings, throughout the lives of those products.
(2) It is Parliament’s intention that this object be achieved by encouraging or requiring manufacturers, importers, distributors and other persons to take responsibility for those products, including by taking action that relates to the following:
(e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.
(a) to contribute to Australia meeting its international obligations concerning the impacts referred to in subsection (1);
(b) to contribute to reducing the amount of greenhouse gases emitted, energy used and water consumed in connection with products and waste from products.
(ii) there is the potential to significantly increase the conservation of materials used in the products, or the recovery of resources (including materials and energy) from waste from the products;
(iii) there is the potential to significantly reduce the impact that the products have on the environment, or that substances in the products have on the environment, or on the health or safety of human beings.
Note: Whether the product stewardship criteria are satisfied in relation to a class of products is relevant for determining whether:
(b) regulations can be made under this Act in relation to the class of products (see sections 19 (co‑regulatory product stewardship—liable parties for class of products) and 39 (mandatory product stewardship requirements)).
(b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.
that has set out at its foot the words “civil penalty” and one or more amounts in penalty units, or that another provision of this Act declares to be a civil penalty provision.
evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.
(b) the investigation or bringing of proceedings in relation to a contravention of a civil penalty provision in this Act.
(b) a Judge of the Federal Circuit Court of Australia in respect of whom a consent under subsection 87(1) and a nomination under subsection 87(2) are in force.
negligent: for when an executive officer of a body corporate is negligent in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(6).
reckless: for when an executive officer of a body corporate is reckless in relation to a contravention by the body corporate of a civil penalty provision, see subsection 51(5).
recover in relation to products or waste from products, includes recover resources, material or energy from those products or that waste.
This Act is not intended to exclude the operation of any law of a State or Territory, to the extent that that law is capable of operating concurrently with this Act.
This involves accrediting voluntary arrangements designed to further the objects of this Act in relation to products, and authorising the use of product stewardship logos in connection with such arrangements.
(b) whether the product stewardship criteria are satisfied in relation to the products to which the arrangement relates; and
A person is licensed, or authorised, to exercise the Commonwealth’s intellectual property rights in a product stewardship logo if the exercise of those rights is in accordance with an accredited voluntary arrangement.
(1) An accredited voluntary arrangement is a voluntary arrangement that is accredited in relation to a class of products in accordance with a determination by the Minister under section 13.
(2) A voluntary arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:
(a) the arrangement is designed to further the objects of this Act by achieving one or more measurable outcomes in relation to a class of products;
(i) the persons, or classes of person, who are authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class; and
(ii) the circumstances in which those persons are authorised by the arrangement to exercise those rights in connection with those products;
(c) the arrangement provides for there to be a person (the administrator) who is responsible for ensuring the outcomes referred to in paragraph (a) are achieved;
(1) The Minister may, by legislative instrument, determine matters relating to the accreditation of voluntary arrangements in relation to classes of products.
(d) matters in relation to which the accrediting authority must be satisfied before accrediting a voluntary arrangement in relation to a class of products;
(e) grounds on which the accrediting authority may or must refuse to accredit a voluntary arrangement in relation to a class of products;
(f) the imposition of conditions by the accrediting authority on a voluntary arrangement’s accreditation in relation to a class of products;
(h) cancellation by an accrediting authority of a voluntary arrangement’s accreditation in relation to a class of products.
(a) a condition that the administrator of a voluntary arrangement take reasonable steps to ensure the arrangement’s outcomes are achieved;
(b) a condition relating to the exercise of the Commonwealth’s intellectual property rights in the product stewardship logo in accordance with the arrangement.
(3) Without limiting subsection (1) or (2), the determination must require the accrediting authority to refuse to accredit a voluntary arrangement in relation to a class of products if the accrediting authority is satisfied that:
(d) the persons licensed or authorised by the arrangement to exercise the Commonwealth’s intellectual property rights in a product stewardship logo in connection with products in that class, or the circumstances in which those persons are licensed or authorised, are not appropriate (see subsection (4)); or
(4) In determining whether the accrediting authority is satisfied as mentioned in paragraph (3)(d) or (e), the accrediting authority:
(a) if the product stewardship logo is an artistic work—the Commonwealth’s right under the Copyright Act 1968 to do an act comprised in the copyright of the artistic work; and
(b) if the product stewardship logo is a trade mark—the rights held by the Commonwealth as the registered owner of the trade mark under the Trade Marks Act 1995.
Under Division 2, some manufacturers, importers, distributors and users of products (called liable parties) are required to be members of co‑regulatory arrangements approved by the Minister (see section 18). Liable parties are specified in the regulations (see section 19).
These arrangements must have outcomes, specified in the regulations, that are designed to further the objects of this Act (see section 21).
Administrators of approved co‑regulatory arrangements are required to take all reasonable steps to ensure those outcomes are achieved in accordance with the regulations (see section 23).
Before regulations are made specifying liable parties in relation to a class of products, the Minister must be satisfied that, among other things:
Division 2 also contains requirements for liable parties and administrators of co‑regulatory arrangements relating to record‑keeping, giving information and reporting (see section 24).
Division 5 contains special rules for enforcing approved co‑regulatory arrangements. These include the ability to give improvement notices to administrators, and requiring arrangements to be audited.
Division 6 deals with other matters relating to co‑regulatory product stewardship, such as anti‑avoidance, replacing the administrator of an arrangement and constitutional limitations.
(1) A liable party in relation to a class of products must be a member of an approved co‑regulatory arrangement in relation to that class of products.
(2) The Minister cannot apply for a civil penalty order in relation to a contravention of subsection (1) by a person unless:
(a) the Minister has given the person a written notice requiring the person to become a member of an arrangement referred to in subsection (1) before the day specified in the notice; and
(8) Subsections (4) and (6) do not affect the operation of subsection 33(3) of the Acts Interpretation Act 1901 in relation to a notice under subsection (2).
(9) Section 59 (continuing contraventions) applies in relation to subsection (1) of this section as if the liable party were required by that subsection to be a member of an approved co‑regulatory arrangement before the day specified in the notice under subsection (2) of this section.
(1) A liable party, in relation to a class of products, is a person in a class (or classes) of persons specified as liable parties in relation to that class of products in regulations made for the purposes of this subsection.
(3) Before the Governor‑General makes regulations for the purposes of subsection (1) in relation to a class of products, the Minister must be satisfied that:
(a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and
(c) if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:
(3A) For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.
(3B) If the Governor‑General makes regulations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.
(4) The regulations may provide for the Minister to determine that this Act has effect as if a particular person who would otherwise have been a liable party in relation to a class of products were not such a liable party during a particular or an indefinite period.
(1) An approved co‑regulatory arrangement is a co‑regulatory arrangement that is approved by the Minister under section 26 in relation to a class of products.
(2) A co‑regulatory arrangement is an arrangement (however described) in relation to which the following conditions are satisfied:
(b) the arrangement deals with the matters specified in regulations made under section 22 (if any) in relation to that class of products;
(1) Regulations made under subsection 19(1) specifying liable parties in relation to a class of products must also specify one or more outcomes to be achieved by a co‑regulatory arrangement that relates to that class of products.
(a) specify a method or formula by reference to which such an outcome may be determined, or for working out whether such an outcome has been achieved;
(e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.
Note: For an additional limitation on the power to make regulations under this Part, see section 34 (constitutional connection).
(1) The regulations may specify matters to be dealt with by a co‑regulatory arrangement that relates to a specified class of products.
(d) any other matter relevant to the operation of the arrangement or the achievement of the outcomes specified under section 21 in relation to that class of products.
Note 1: Approval of a co‑regulatory arrangement must be refused, and may be cancelled, if the Minister is not satisfied the arrangement adequately deals with these matters (see paragraphs 26(2)(c) and 28(1)(c)).
(a) take all reasonable steps to ensure that the arrangement achieves the outcomes specified under section 21 in relation to that class of products; and
Note 1: The Minister may give an improvement notice under section 29 and require an audit of the arrangement to be carried out under section 30 if the administrator does not comply with this section.
Note 2: The Minister may cancel the arrangement’s approval if the administrator does not comply with this section (see section 28).
(1) The regulations may require a person who is a liable party in relation to a class of products, or the administrator of an approved co‑regulatory arrangement in relation to a class of products, to do either or both of the following:
Note: The Minister may cancel a co‑regulatory arrangement’s approval if the administrator of the arrangement does not comply with regulations made under this section (see section 28).
(3) Without limiting paragraph (1)(b), the regulations may require the administrator of an approved co‑regulatory arrangement to notify the Minister or an inspector of specified matters, including:
(4) The regulations may require the administrator of an approved co‑regulatory arrangement to give the Minister reports on the operation of the arrangement, in accordance with the regulations.
(5) Without limiting subsection (1) or (4), the regulations may make provision in relation to pecuniary penalties not exceeding:
(1) The administrator of a co‑regulatory arrangement may apply for the Minister to approve the arrangement in relation to a class of products, specified under section 19, to which the arrangement relates.
(a) how the arrangement proposes to achieve the outcomes specified under section 21 in relation to the class of products; and
(2) The Minister must refuse to approve the arrangement in relation to the class of products if the Minister is satisfied that:
(a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or
(b) the arrangement is unlikely to achieve one or more of the outcomes specified under section 21 for the class of products; or
(c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or
(3) For the purposes of paragraph (2)(d), in determining whether the administrator is a fit and proper person, the Minister:
(4) For the purposes of paragraph (2)(e), in determining whether it is in the public interest to approve the arrangement, the Minister:
(a) the applicant has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application; or
(b) the documentation or other information provided in the application, or as requested by a notice under section 103, is false or misleading.
(1) The Minister may cancel the approval of a co‑regulatory arrangement in relation to a class of products if the Minister is satisfied that:
(a) a condition in subsection 20(2) (what is a co‑regulatory arrangement) is not satisfied in relation to the arrangement; or
(b) the arrangement has not achieved, or is unlikely to achieve, one or more of the outcomes specified under section 21 for the class of products; or
(c) the arrangement does not adequately deal with any matters specified for the class of products in regulations made under section 22; or
(i) section 23 (which requires the administrator to take reasonable steps to achieve the outcomes referred to in paragraph (b) in accordance with the regulations);
(iv) subsection 31(1) (which requires the administrator to appoint an auditor and arrange for the auditor to carry out an audit of the arrangement); or
(ii) information or documentation given in connection with an application under subsection 33(1) (replacing administrator);
(2) For the purposes of paragraph (1)(d), in determining whether the administrator is a fit and proper person, the Minister:
(3) The Minister may cancel the approval of a co‑regulatory arrangement if the administrator of the arrangement applies for the Minister to do so.
(1) The Minister may give an administrator of an approved co‑regulatory arrangement an improvement notice if the Minister:
(a) believes on reasonable grounds that the administrator has contravened section 23 (administrator to achieve outcomes); and
(b) specify a reasonable period within which the administrator must take the action necessary to prevent any further contravention of section 23.
(5) If the Minister is satisfied that it is in the public interest to vary or revoke an improvement notice given under subsection (1) (the original notice), the Minister may do so by giving a written notice (the new notice) to the administrator.
(6) If the original notice is varied, the new notice must set out the text of the original notice and the variations to it.
(1) The Minister may require an administrator of an approved co‑regulatory arrangement to carry out an audit of the arrangement if the Minister believes on reasonable grounds that the administrator has not complied, or is unlikely to comply, with:
(1) If the Minister gives an administrator of an approved co‑regulatory arrangement a notice under section 30, the administrator must appoint an auditor and arrange for the auditor to carry out an audit in accordance with the notice.
(3) The administrator must not appoint a person to be an auditor unless the Minister has approved the person for such appointment before the appointment is made.
(5) An appointment of a person as an auditor made otherwise than in accordance with subsections (3) and (4) has no effect.
(1) The Minister may, by writing, determine that this Act has effect, and is taken always to have had effect, during a period as if a specified person (the prospective liable party) were a liable party in relation to a specified class of products in relation to which regulations have been made under subsection 19(1).
(a) at any time after the commencement of this Act, one or more persons (whether or not the prospective liable party) engaged in any or all of the following conduct:
(b) the Minister believes, on reasonable grounds, that any person who engaged in that conduct did so for the purpose (or for purposes that included the substantial purpose) of enabling the prospective liable party to avoid being a liable party in relation to the class of products; and
(c) if the regulations specifying the liable parties in relation to the class of products are made in accordance with paragraph 34(1)(a) (constitutional connection)—the prospective liable party is a constitutional corporation.
(b) must not begin before the day the regulations specifying the liable parties in relation to the class of products came into force.
(a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or
(b) any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.
(1) A person cannot be appointed to replace an administrator of an approved co‑regulatory arrangement unless the Minister, on application by the person, consents to the appointment.
(a) the Minister would not have approved the arrangement if the person had been the administrator at the time the application for approval of the co‑regulatory arrangement was made; or
(b) there is a ground for refusing to consent to the appointment specified in regulations made for the purposes of this paragraph.
(a) the person has not given the Minister further documentation or information before the day specified in a notice given under section 103 in relation to the application under subsection (1) of this section; or
(b) the documentation or other information provided in the application under subsection (1) of this section, or as requested by a notice under section 103, is false or misleading.
(1) Either or both of the following must apply in relation to regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products:
(b) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.
(2) Regulations made under this Part in relation to a class of products, or co‑regulatory arrangements that relate to a class of products, must:
In addition to its effect apart from this section, this Act also has the effect it would have if the administrator of a co‑regulatory arrangement were, by express provision, required to be a constitutional corporation.
This involves enabling regulations to be made that would require some persons to take, or not to take, specified action in relation to products (see section 37).
These requirements might include restricting the manufacture or import of products, prohibiting products from containing particular substances, labelling and packaging requirements and other requirements relating to reusing, recycling, recovering, treating or disposing of products.
(1) The regulations may require one or more specified persons, or classes of person, to take, or not to take, specified action in relation to a product, or products, in a specified class.
(e) ensuring that products and waste from products are reused, recycled, recovered, treated and disposed of in a safe, scientific and environmentally sound way.
Note: For limitations on the power to make regulations under this Part, see sections 39 (satisfying product stewardship criteria and furthering objects) and 40 (constitutional connection).
(3) Without limiting subsection (1), regulations made for the purposes of that subsection in relation to a class of products may do any or all of the following:
(a) prohibit (either absolutely or subject to conditions), limit, restrict or otherwise affect the manufacture, import, export, distribution or use of a product in that class;
(b) prohibit (either absolutely or subject to conditions), limit or restrict substances from being contained in a product in that class;
(e) specify requirements in relation to communicating information, in accordance with the regulations, in connection with distributing, reusing, recycling, recovering, treating or disposing of a product in that class;
(g) specify other requirements in relation to reusing, recycling, recovering, treating or disposing of a product in that class;
(i) require a person to give the Minister specified information relating to a product in that class in accordance with the regulations;
(j) provide for the Minister to exempt a specified person from a requirement specified in regulations made for the purposes of that subsection.
(5) A product return payment is a payment, of an amount specified in the regulations in relation to a class of products, that a person is required to make to another person if the other person returns a product in that class for reuse, recycling, recovery, treatment or disposal.
Note: The Minister must be satisfied of certain matters before regulations are made requiring a person to pay a product return payment in relation to a product: see paragraph 39(1)(c).
(6) Regulations made for the purposes of subsection (1) that require a person to make a product return payment must not amount to taxation.
(a) penalties not exceeding a fine of 50 penalty units for offences against regulations made under subsection 37(1) (mandatory product stewardship requirements); and
(a) committed an offence against regulations made under subsection 37(1) (mandatory product stewardship requirements) that is stated to be an offence of strict liability; or
(b) for a civil penalty provision—one‑tenth of the maximum pecuniary penalty for contravening the civil penalty provision.
(1) Before the Governor‑General makes regulations for the purposes of section 37 in relation to a class of products, the Minister must be satisfied that:
(a) making the regulations in relation to the class of products will further the objects of this Act (see section 4); and
(i) making the regulations will encourage reusing, recycling, recovering, treating or disposing of products in that class, or waste from such products, in a safe, scientific and environmentally sound way; and
(ii) the persons required to make product return payments in relation to products in that class are likely to be appropriately compensated; and
(2) For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department’s website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.
(3) If the Governor‑General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislation Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.
(1) One or more of the following must apply in relation to regulations made under this Part in relation to a class of products:
(a) the regulations are expressed only to apply in relation to action taken, or not taken, by a constitutional corporation;
(b) the regulations are expressed only to apply in relation to the taking of action in the course of constitutional trade or commerce;
(c) the regulations are appropriate and adapted to give effect to Australia’s obligations under an agreement with one or more other countries.
Division 2 allows courts to order persons to pay pecuniary penalties for contravening provisions of this Act called civil penalty provisions.
Division 3 allows contraventions of this Act and adverse decisions (such as cancelling an arrangement’s accreditation or approval) to be publicised.
Division 4 deals with enforceable undertakings. If a person makes an undertaking relating to complying with this Act, the undertaking may be enforced by a court order.
(1) Within 6 years of a person contravening a civil penalty provision in this Act, the Minister may apply to a relevant court for an order that the person pay the Commonwealth a pecuniary penalty.
(2) If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay the Commonwealth a pecuniary penalty.
(d) whether the person has previously been found by a court in proceedings under this Act to have engaged in any similar conduct; and
(1) The pecuniary penalty payable by a person under a civil penalty order must not be more than the following amount (unless subsection (2), (3) or (4) applies):
(2) The maximum amount payable under subsection (1) is increased in accordance with subsection 59(3) (continuing contraventions), if that subsection applies.
(3) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 18(1) (liable party to be member of approved co‑regulatory arrangement) must not be more than the greater of the following amounts:
(a) the maximum amount that would, apart from this subsection, have been payable by the person in accordance with subsections (1) and (2) of this section;
(b) an amount equal to the total value of any benefits obtained by the person that are reasonably attributable to the contravention, if the court can determine that amount.
(4) The pecuniary penalty payable by a person under a civil penalty order for a contravention of subsection 51(1) (civil liability of executive officer of body corporate) must not be more than the amount worked out under subsection 51(3).
(d) be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or
(2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision.
(2) The Commonwealth may enforce the civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgment debt.
(1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Division against a person in relation to the contravention of any one or more of those provisions.
(2) However, the person is not liable to more than one pecuniary penalty under this Division in relation to the same conduct.
(1) A relevant court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.
(2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.
A relevant court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.
(ii) a civil penalty provision in regulations made under subsection 37(1) (mandatory product stewardship requirements); and
(3) The maximum pecuniary penalty payable for a contravention of subsection (1) is the maximum pecuniary penalty payable by an individual for contravening the civil penalty provision contravened by the body corporate.
(4) An executive officer of a body corporate is a person (by whatever name called and whether or not a director of the body) who is concerned in, or takes part in, the management of the body.
(6) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer’s conduct involves:
(1) For the purposes of section 51, in determining whether an executive officer of a body corporate failed to take all reasonable steps to prevent a contravention of a civil penalty provision, a court may have regard to all relevant matters, including:
(a) what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):
(i) that the body corporate arranges regular professional assessments of the body corporate’s compliance with civil penalty provisions;
(iii) that the body corporate’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with civil penalty provisions (in so far as those requirements affect the employees, agents or contractors concerned); and
A relevant court must not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.
(1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:
(b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.
(2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.
Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct constituting a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.
(1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual if:
(a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and
(b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct that was claimed to constitute the contravention.
(2) However, subsection (1) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.
(1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:
(a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and
(b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.
(3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.
(1) In the proceedings for a civil penalty order for a contravention of a civil penalty provision in this Act, it is not necessary to prove:
(1) This section applies if an act or thing is required, under a civil penalty provision, to be done within a particular period, or before a particular time.
(2) The obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.
(3) The maximum amount of the pecuniary penalty payable under subsection 43(1) by a person for contravening the civil penalty provision is increased, by an amount equal to 10% of the pecuniary penalty specified for the provision, for each day on which the person fails to comply with the requirement (including the day of the making of a relevant civil penalty order).
(b) a contravention of a civil penalty provision in relation to which a civil penalty order has been made against a person, and the person’s name;
(c) the acceptance of an undertaking given under section 61 by a person, the terms of the undertaking, and the person’s name;
(d) a breach of an undertaking given under section 61 in relation to which an order has been made against a person under subsection 62(2), the terms of the order and the person’s name;
(e) the granting or varying of an injunction under section 63 restraining a person from engaging in conduct, or requiring a person to do an act or thing, the nature of the conduct, act or thing, and the person’s name;
(ii) give a notice under section 30 requiring the administrator of an approved co‑regulatory arrangement to conduct an audit of the arrangement; or
Note 1: This subsection constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.
(a) a written undertaking given by a person that the person will take specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;
(b) a written undertaking given by a person that the person will refrain from taking specified action in order to comply with a civil penalty provision, or an offence provision, in this Act;
(c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not, or is unlikely to, contravene a civil penalty provision, or an offence provision, in this Act, in the future.
(1) The Minister may apply to a relevant court for an order under subsection (2) if the Minister considers that a person who gave an undertaking under section 61 has breached any of its terms.
(2) The court may make one or more of the following orders if the court is satisfied that the person has breached a term of the undertaking:
(b) an order directing the person to pay to the Commonwealth, within a specified period of time, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;
(c) any order that the court considers appropriate directing the person to compensate, within a specified period of time, any other person who has suffered loss or damage as a result of the breach;
(1) If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a civil penalty provision, or an offence provision, in this Act, a relevant court may, on application by the Minister, grant an injunction:
Note 1: The court may grant an injunction even if the person does not intend to engage again, and has never previously engaged, in such conduct (see section 66).
(b) the refusal or failure was, is or would be a contravention of a civil penalty provision, or an offence provision, in this Act;
Note: The court may grant an injunction even if the person does not intend to refuse or fail again, and has never previously refused or failed, to do that thing (see section 66).
(1) Before deciding an application for an injunction under section 63, the relevant court may grant an interim injunction if it thinks it desirable.
(2) The court is not to require the Minister or anyone else to give an undertaking as to damages as a condition of granting an interim injunction.
(1) The power, under this Division, to grant or vary an injunction restraining a person from engaging in conduct may be exercised:
(a) whether or not it appears to a relevant court that the person intends to engage again, or to continue to engage, in such conduct; and
(c) whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.
(2) The power, under this Division, to grant or vary an injunction requiring a person to do an act or thing may be exercised:
(a) whether or not it appears to a relevant court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and
(c) whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.