The Court rejected an agreed penalty of $120,000 jointly proposed by ACMA and the respondent for 144 contraventions of s 15(2A) of the Interactive Gambling Act as an ancillary contravener (aiding and abetting via Facebook group promotion), instead imposing $240,000. The Court held that the agreed penalty bore no reasonable relationship to the maximum penalty of $1,665,000 per contravention, was insufficient for general deterrence given these were among the first civil proceedings under the provision, and risked being viewed as an acceptable cost of doing business. The five-year injunction and declarations were granted as agreed.
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