DO NOT CALL REGISTER ACT 2006 - SECT 24 Civil penalty orders

DO NOT CALL REGISTER ACT 2006 - SECT 24

  (1)   If the Federal Court or the Federal Circuit and Family Court of Australia (Division   2) is satisfied that a person has contravened a civil penalty provision, the court may, on the application of the ACMA, order the person to pay to the Commonwealth a pecuniary penalty.

  (2)   An order under subsection   ( 1) is to be known as a civil penalty order .

Determining pecuniary penalty

  (3)   In determining the pecuniary penalty, the court must have regard to all relevant matters, including:

  (a)   the nature and extent of the contravention; and

  (b)   the nature and extent of any loss or damage suffered as a result 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 in proceedings under this Act to have engaged in any similar conduct; and

  (e)   if the court considers that it is appropriate to do so--whether the person has previously been found by a court in a foreign country to have engaged in any similar conduct.

Civil enforcement of penalty

  (4)   The pecuniary penalty is a civil debt payable to the Commonwealth. The Commonwealth may enforce the civil 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 judgment debt.