National Consumer Credit Protection Act 2009

Within 6 years of a person contravening a civil penalty provision, ASIC may apply to the court for an order that the person pay the Commonwealth a pecuniary penalty.

If a declaration has been made under section 166 that the person has contravened the provision, the court may order the person to pay to the Commonwealth a pecuniary penalty that the court considers is appropriate (but not more than the amount specified in section 167A).

In determining the pecuniary penalty, the court must 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 (including a court in a foreign country) to have engaged in similar conduct.

A pecuniary penalty is a debt payable to the Commonwealth.

The Commonwealth may enforce a pecuniary 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 judgement debt.