Renewable Energy (Electricity) Act 2000

If a Court is satisfied that a person has contravened a civil penalty provision, the Court may order the person to pay the Commonwealth a pecuniary penalty.

An order under subsection (1) is to be known as a civil penalty order.

The pecuniary penalty for a contravention by an individual of subsection 24A(1) must not be more than the greater of:

1 penalty unit for each renewable energy certificate to which the contravention relates, up to a maximum of 10,000 penalty units; and

100 penalty units.

The pecuniary penalty for a contravention by a body corporate of subsection 24A(1) must not be more than the greater of:

5 penalty units for each renewable energy certificate to which the contravention relates, up to a maximum of 50,000 penalty units; and

500 penalty units.

The pecuniary penalty for a contravention, by an executive officer of a body corporate, of subsection 154N(1) must not be more than the maximum pecuniary penalty that could be imposed on the officer under this section if the officer had committed the contravention referred to in paragraph 154N(1)(a).

The pecuniary penalty for a contravention by a person of a civil penalty provision, other than subsection 24A(1) or 154N(1), must not be more than:

if the person is an individual—100 penalty units; or

if the person is a body corporate—500 penalty units.

In determining the pecuniary penalty, in accordance with this section, for a contravention by a person of a civil penalty provision, the Court may have regard to all relevant matters, including:

the nature and extent of the contravention; and

the nature and extent of any loss or damage suffered as a result of the contravention; and

the circumstances in which the contravention took place; and

whether the person has previously been found by a court in proceedings under this Act 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; and

if the contravention is of subsection 24A(1)—whether the person has surrendered any renewable energy certificates under section 28A to compensate for the contravention.

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.