Police Powers and Responsibilities Act 2000

The commissioner may apply to the Supreme Court for an order that the provider of a social media platform or online social network pay to the State a civil penalty for contravening section 745D(5).

The application must be made within 1 year after the day of the alleged contravention.

The court may make the order if the court is satisfied the provider contravened section 745D(5).

The order may require the provider to pay the State, as a civil penalty, an amount of not more than 10,000 penalty units for the contravention.

In deciding the amount of the penalty, the court must have regard to the circumstances of the contravention, including—

the nature and extent of the contravention; and

whether the provider has previously been found to have engaged in similar conduct, in Queensland or elsewhere; and

any other circumstances the court considers relevant.

The amount of the civil penalty that the provider is ordered to pay is a debt payable by the provider to the State.