Independent Competition and Regulatory Commission Act 1997

The maximum civil penalty payable for a contravention of a civil penalty provision is the penalty mentioned in schedule 5, section 5.3, column 3 for the provision.

Without limiting the matters the court may consider, in deciding the amount of the civil penalty for an enforcement order, the court must consider the following:

the nature and extent of the contravention;

the circumstances in which the contravention took place;

any loss or damage suffered because of the contravention;

any benefit the person and, for a corporation, a related corporation, has obtained directly or indirectly that is reasonably attributable to the contravention;

whether the person has previously engaged in conduct similar to the conduct constituting the contravention.