Civil penalty orders
30B Civil penalty orders
Subject to this Division, the Commissioner may apply to a court for a civil penalty order in relation to a person's contravention of a civil penalty requirement.
On an application under subsection (1), the court may make an order that the person pay, in respect of the person's contravention of the civil penalty requirement, an amount of not more than the maximum penalty specified in Column 2 or 3 (as the case requires) of the table in this subsection opposite the requirement.
Item | Column 1 Civil penalty requirement | Column 2 Maximum penalty for a natural person | Column 3 Maximum penalty for a body corporate |
1 | Section 30A(1)(a) (Determination of failure to comply with information notice) | 100 penalty units | 500 penalty units |
2 | Section 30A(1)(b) (Determination of failure to comply with inspection notice) | 100 penalty units | 500 penalty units |
In determining whether to make an order under subsection (2) and the amount of any penalty, the court may have regard to any relevant matter, including but not limited to the following—
the nature and extent of the conduct constituting the contravention;
the circumstances in which the contravention took place;
whether the person who contravenes a civil penalty requirement had previously contravened a civil penalty requirement;
the reason the person contravened the civil penalty requirement;
the need to promote and encourage compliance with Local Jobs First and Local Industry Development Plans.
Any amount received as the payment of an order under subsection (2) must be paid into the Consolidated Fund.
Nothing in this section is to be construed as limiting any other power of the court.
S. 30C inserted by No. 31/2025 s. 18.
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