349Pecuniary penalties for contraventions of AUSTEL directions

##### 349 Pecuniary penalties for contraventions of AUSTEL directions (1) If the Federal Court is satisfied that a carrier has contravened a direction, the Court may order the carrier to pay to the Commonwealth such pecuniary penalty (not exceeding $10,000,000 in respect of each contravention) as the Court determines to be appropriate having regard to all relevant matters including: (a) the nature and extent of the contravention and of any loss or damage suffered as a result of the contravention; and (b) the circumstances in which the contravention took place; and (c) whether the carrier has previously been found by the Court in proceedings under this Act to have engaged in any similar conduct. (2) If conduct constitutes a contravention of 2 or more directions, a proceeding may be instituted under this section against a carrier in relation to the contravention of any one or more of the directions, but a carrier is not liable to more than one pecuniary penalty under this section in respect of the same conduct.