Fair Trading Act 1987

If the Magistrates Court is satisfied that a person has committed a civil penalty contravention, the Court may make an order (a civil penalty order) that the person pay to the Responsible authority an amount as a civil penalty not exceeding—

in the case of a body corporate—$50 000; and

in the case of a natural person—$10 000.

Proceedings for a civil penalty order may be commenced by the Responsible authority by application to the Court made within 3 years after the date of the alleged civil penalty contravention.

In determining the amount to be paid by a person as a civil penalty, the Court must have regard to—

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

the circumstances in which the contravention was committed; and

any financial saving or other benefit that the person stood to gain by committing the contravention; and

whether the person has previously been found by a court in proceedings under this Act to have committed similar contraventions; and

any other matter it considers relevant.

If conduct constitutes 2 or more civil penalty contraventions—

an amount may be recovered from the person under this section in relation to any 1 or more of the contraventions; but

the person is not liable to pay more than 1 amount as a civil penalty in respect of the same conduct.

If, in proceedings for a civil penalty order against a person, the person establishes facts and circumstances that would have amounted to a defence under section 88 had the civil penalty contravention constituted an offence against this Act, the person is not liable to a civil penalty.

If, in proceedings for a civil penalty order against a natural person, the Court is satisfied that the person acted honestly and reasonably and, having regard to all the circumstances of the case, ought fairly to be excused, the Court may relieve the person either wholly or partly from liability to a civil penalty.

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