76Civil penalty orders

76 Civil penalty orders

(1) If the Federal Court is satisfied that a person has contravened a civil penalty provision, the Federal Court may order the person to pay the Commonwealth a pecuniary penalty. (2) An order under subsection (1) is to be known as a civil penalty order. Determining amount of pecuniary penalty (3) In determining the pecuniary penalty, the Federal Court must have regard to all relevant matters, including: (a) the nature and extent of the contravention; and (b) the nature and extent of any loss or damage suffered as a result of the contravention; and (c) the circumstances in which the contravention took place; and (d) whether the person has previously been found by a court in proceedings under this Act or the Customs Act 1901 to have engaged in any similar conduct. (4) The pecuniary penalty payable under subsection (1) by a body corporate must not exceed: (a) in the case of a contravention of subsection 8(1) or (5)—3,000 penalty units for each contravention; or (b) in the case of a contravention of subsection 25(5) or (6)—1,500 penalty units for each contravention. (5) The pecuniary penalty payable under subsection (1) by a person other than a body corporate must not exceed: (a) in the case of a contravention of subsection 8(1) or (5)—600 penalty units for each contravention; or (b) in the case of a contravention of subsection 25(5) or (6)—300 penalty units for each contravention. Civil enforcement of penalty (6) A pecuniary penalty is a civil debt payable to the Commonwealth. 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.