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.