Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 8 - CIVIL CONSEQUENCES OF CONTRAVENING CIVIL PENALTY PROVISIONS  

Division 386 - Civil consequences of contravening civil penalty provisions  

SECTION 386-10   PECUNIARY PENALTY ORDERS  
Pecuniary penalties

386-10(1)    
A Court may order a person to pay the Commonwealth a pecuniary penalty of up to $ 200,000 if:

(a)    a declaration of contravention by the person has been made under section 386-1 ; and

(b)    the contravention:

(i) materially prejudices the interests of the Aboriginal and Torres Strait Islander corporation affected by the contravention or the interests of its members; or

(ii) materially prejudices the ability of the Aboriginal and Torres Strait Islander corporation affected by the contravention to pay its creditors; or

(iii) is serious.

Responsibilities of secretaries for certain corporate contraventions

386-10(1A)    

Without limiting subsection (1) , if a declaration of contravention by a person of subsection 265-40(1) has been made under section 386-1 , a Court may order the person to pay the Commonwealth a pecuniary penalty of up to $ 3,000.

Penalty a civil debt etc.

386-10(2)    
The penalty is a civil debt payable to the Commonwealth. The Registrar, or the Commonwealth, may enforce the 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 judgment debt.