Telecommunications Act 1997

If the Federal Court is satisfied that a person has contravened a civil penalty provision, the Court may order the person to pay to the Commonwealth such pecuniary penalty, in respect of each contravention, as the Court determines to be appropriate.

In determining the pecuniary penalty, the Court must 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 the Court in proceedings under this Act to have engaged in any similar conduct.

The pecuniary penalty payable under subsection (1) by a body corporate is not to exceed:

in the case of a contravention of subsection 68(1) or (2) or 101(1) or (2)—$10 million for each contravention; or

in the case of a contravention of a civil penalty provision in Part 8 (local access lines)—$10 million for each contravention; or

in the case of a contravention of subsection 317ZA(1) or (2)—47,619 penalty units for each contravention; or

in the case of a contravention of subsection 581Y(1) or 581ZD(1)—10,000 penalty units for each contravention; or

in the case of a contravention of subsection 97(1), (1A) or (2) of the Telecommunications (Consumer Protection and Service Standards) Act 1999—$10 million for each contravention; or

in the case of a contravention of subsection 148(1) or (3) of the Telecommunications (Consumer Protection and Service Standards) Act 1999—$30 million for each contravention; or

in the case of a contravention of subsection 151D(1) or (2) of the Telecommunications (Consumer Protection and Service Standards) Act 1999—$30 million for each contravention; or

in any other case—$250,000 for each contravention.

The pecuniary penalty payable under subsection (1) by a person other than a body corporate is not to exceed:

in the case of a contravention of subsection 97(1), (1A) or (2) of the Telecommunications (Consumer Protection and Service Standards) Act 1999—10,000 penalty units for each contravention; or

in any other case—$50,000 for each contravention.

Subsections (3) and (4) do not apply to a contravention of subsection 139(1) or (2).

Section 25 of the Do Not Call Register Act 2006 applies to a contravention of subsection 139(1) or (2) of this Act in a corresponding way to the way in which it applies to a contravention of subsection 12(1) or (2) of the Do Not Call Register Act 2006, subject to the following modifications:

each reference in section 25 of the Do Not Call Register Act 2006 to subsection 24(1) of that Act includes a reference to subsection (1) of this section;

each reference in section 25 of the Do Not Call Register Act 2006 to a civil penalty provision includes a reference to subsection 139(1) or (2) of this Act;

each reference in section 25 of the Do Not Call Register Act 2006 to a civil penalty order includes a reference to an order under subsection (1) of this section.

Subsection (4) does not apply to a contravention of subsection 317ZA(1) or (2).

The pecuniary penalty payable under subsection (1) by a person other than a body corporate for a contravention of subsection 317ZA(1) or (2) is not to exceed 238 penalty units for each contravention.

If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Act against a person in relation to the contravention of any one or more of those provisions. However, the person is not liable to more than one pecuniary penalty under this section in respect of the same conduct. This subsection has effect subject to subsection (6).

If conduct constitutes a contravention of:

section 68 or 101; and

one or more other civil penalty provisions;

In this section: