370ROrders for contravention of civil penalty provision

#### 370R Orders for contravention of civil penalty provision 370R Orders for contravention of civil penalty provision > > (1) If the Court is satisfied a person has contravened a civil penalty provision, the Court may— > > > > > (a) order the person to pay a monetary penalty, not more than the maximum civil penalty amount for the provision, the Court considers appropriate, and > > > > > (b) order the person to pay an additional penalty for each day the contravention continues, and > > > > > (c) make an order under one or more of the following as if the person had been found guilty of an offence— > > > > > > > (i) section 353B, > > > > > > > (ii) section 353C, > > > > > > > (iii) section 353D, > > > > > > > (iv) section 353E, > > > > > > > (v) section 353FB, > > > > > > > (vi) section 353G, and > > > > > (d) make another order the Court considers appropriate, including an injunction. > > > (2) In determining the amount to be paid by a person as a civil penalty, the Court must have regard to the following— > > > > > (a) the nature and extent of the contravention, > > > > > (b) the actual and potential environmental harm or detriment to the public interest resulting from the contravention, > > > > > (c) the circumstances in which the contravention took place, > > > > > (d) the financial or other benefit the person stood to gain from the contravention, > > > > > (e) whether the person has previously been found, in proceedings under this Act, to have engaged in similar conduct, > > > > > (f) whether or not action has been taken against the person under section 60G, > > > > > (g) whether or not a charge has been imposed on the person under section 91O, > > > > > (h) other matters the Court considers relevant. > > > (3) The failure by a person to comply with an order made in accordance with subsection (1)(c) or (d) is a civil penalty contravention. > > > > Maximum civil penalty—Tier B civil penalty. > > > (4) Subsection (3) does not apply to an order made under section 353C, 353D or 353E. > > **s 370R:** Ins 2025 No 70, Sch 3\[138\].