Commonwealth Consolidated Acts

BUILDING AND CONSTRUCTION INDUSTRY IMPROVEMENT ACT 2005 - SECT 49

             (1)  An appropriate court, on application by an eligible person, may make one or more of the following orders in relation to a person (the defendant ) who has contravened a civil penalty provision:

                     (a)  an order imposing a pecuniary penalty on the defendant;

                     (b)  an order requiring the defendant to pay a specified amount to another person as compensation for damage suffered by the other person as a result of the contravention;

                     (c)  any other order that the court considers appropriate.

             (2)  The maximum pecuniary penalty is:

                     (a)  for a Grade A civil penalty provision--1,000 penalty units if the defendant is a body corporate and otherwise 200 penalty units; and

                     (b)  for a Grade B civil penalty provision--100 penalty units if the defendant is a body corporate and otherwise 20 penalty units.

             (3)  The orders that may be made under paragraph (1)(c) include:

                     (a)  injunctions (including interim injunctions); and

                     (b)  any other orders that the court considers necessary to stop the conduct or remedy its effects, including orders for the sequestration of assets.

             (4)  If the contravention is a contravention of section 38, then the power of the court to grant an injunction restraining a person (the defendant ) from engaging in conduct may be exercised:

                     (a)  whether or not it appears to the court that the defendant intends to engage again, or to continue to engage, in conduct of that kind; and

                     (b)  whether or not the defendant has previously engaged in conduct of that kind; and

                     (c)  whether or not there is an imminent danger of substantial damage to any person if the defendant engages in conduct of that kind.

             (5)  A pecuniary penalty is payable to the Commonwealth, or to some other person if the court so directs. It may be recovered as a debt.

             (6)  Each of the following is an eligible person for the purposes of this section:

                     (a)  the ABC Commissioner;

                     (b)  an ABC Inspector;

                     (c)  a person affected by the contravention;

                     (d)  a person prescribed by the regulations for the purposes of this paragraph.

             (7)  A regulation prescribing persons for the purposes of paragraph (6)(d) may provide that a person is prescribed only in relation to circumstances specified in the regulation.