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 167B   PECUNIARY PENALTY APPLICABLE  

Pecuniary penalty applicable to the contravention of a civil penalty provision - by an individual

167B(1)    
The pecuniary penalty applicable to the contravention of a civil penalty provision by an individual is the greater of:

(a) the penalty specified for the civil penalty provision; and

(b) if the court can determine the benefit derived and detriment avoided because of the contravention - that amount multiplied by 3.

Note:

See section 14 in relation to contraventions by partners in a partnership and section 15 in relation to contraventions by multiple trustees.

Pecuniary penalty applicable to the contravention of a civil penalty provision - by a body corporate

167B(2)    
The pecuniary penalty applicable to the contravention of a civil penalty provision by a body corporate is the greatest of:

(a) the penalty specified for the civil penalty provision, multiplied by 10; and

(b) if the court can determine the benefit derived and detriment avoided because of the contravention - that amount multiplied by 3; and

(c) either:

(i) 10% of the annual turnover of the body corporate for the 12-month period ending at the end of the month in which the body corporate contravened, or began to contravene, the civil penalty provision; or

(ii) if the amount worked out under subparagraph (i) is greater than an amount equal to 2.5 million penalty units - 2.5 million penalty units.

Contrary intention

167B(3)    
This section applies in relation to a contravention of a civil penalty provision by an individual or a body corporate unless there is a contrary intention under this Act in relation to the pecuniary penalty applicable to the contravention. In that case, the pecuniary penalty applicable is the penalty specified for the civil penalty provision.