Treasury Laws Amendment (Strengthening Corporate and Financial Sector Penalties) Act 2019 (17 of 2019)
Schedule 3 Amendment of the National Consumer Credit Protection Act 2009
Part 1 Amendments of the infrastructure provisions for civil penalties, offences and infringement notices
National Consumer Credit Protection Act 2009
6 Subsections 167(3) and (4)
Repeal the subsections, substitute:
Determining pecuniary penalty
(3) In determining the pecuniary penalty, the court must take into account all relevant matters, including:
(a) the nature and extent of the contravention; and
(b) the nature and extent of any loss or damage suffered because of the contravention; and
(c) the circumstances in which the contravention took place; and
(d) whether the person has previously been found by a court (including a court in foreign country) to have engaged in similar conduct.
Civil enforcement of penalty
(4) A pecuniary penalty is a debt payable to the Commonwealth.
(5) The Commonwealth may enforce a pecuniary 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 judgement debt.