Civil penalty orders
69EJ Civil penalty orders
Application for order
The APVMA may, on behalf of the Commonwealth, apply to a court of competent jurisdiction for an order that a person, who is alleged to have contravened a civil penalty provision, pay the Commonwealth a pecuniary penalty.
The APVMA must make the application within 6 years of the alleged contravention.
Court may order person to pay pecuniary penalty
If the court is satisfied that the person has contravened the civil penalty provision, the court may order the person to pay to the Commonwealth such pecuniary penalty for the contravention as the court determines to be appropriate.
Section 69EJA sets out the maximum penalty that the court may order the person to pay.
An order under subsection (3) is a civil penalty order.
Determining pecuniary penalty
In determining the pecuniary penalty, the court may take into account all relevant matters, including:
the nature and extent of the contravention; and
the nature and extent of any loss or damage suffered because of the contravention; and
the circumstances in which the contravention took place; and
whether the person has previously been found by a court to have engaged in any similar conduct; and
the extent to which the person has cooperated with the authorities; and
if the person is a body corporate:
the level of the employees, officers or agents of the body corporate involved in the contravention; and
whether the body corporate exercised due diligence to avoid the contravention; and
whether the body corporate had a corporate culture conducive to compliance.
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