National Consumer Credit Protection Act 2009

CHAPTER 4 - REMEDIES  

PART 4-1 - CIVIL PENALTY PROVISIONS  

Division 2 - Declarations and pecuniary penalty orders for contraventions of civil penalty provisions  

SECTION 167   COURT MAY ORDER PERSON TO PAY PECUNIARY PENALTY FOR CONTRAVENING CIVIL PENALTY PROVISION  
Application for order

167(1)    
Within 6 years of a person contravening a civil penalty provision, ASIC may apply to the court for an order that the person pay the Commonwealth a pecuniary penalty.

Court may order person to pay pecuniary penalty

167(2)    

If a declaration has been made under section 166 that the person has contravened the provision, the court may order the person to pay to the Commonwealth a pecuniary penalty that the court considers is appropriate (but not more than the amount specified in section 167A ).

Determining pecuniary penalty

167(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 a foreign country) to have engaged in similar conduct.

Civil enforcement of penalty

167(4)    

A pecuniary penalty is a debt payable to the Commonwealth.

167(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.