DO NOT CALL REGISTER ACT 2006 - SECT 25 Maximum penalties for contravention of civil penalty provisions
DO NOT CALL REGISTER ACT 2006 - SECT 25
Maximum penalties for contravention of civil penalty provisions(1) The maximum penalty payable under subsection 24(1) by a person in respect of a contravention of a civil penalty provision depends on:
(a) whether the person has a prior record in relation to the civil penalty provision (see subsection ( 2)); and
(b) whether the person is a body corporate; and
(c) whether the civil penalty provision is subsection 11(1) or (7) or 12B(1) or (8) .
(a) on a particular day (the first day ), the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) makes a civil penalty order against a person in respect of a contravention of a particular civil penalty provision; and
(b) that is the first occasion on which a court makes a civil penalty order against the person in respect of a contravention of the civil penalty provision;
then, for the purposes of determining the penalty payable under subsection 24(1) by the person in respect of a contravention of the civil penalty provision that occurs after the first day, the person has a prior record in relation to the civil penalty provision.
Maximum penalty payable by body corporate--no prior record
(3) If a body corporate does not have a prior record in relation to a particular civil penalty provision:
(a) the penalty payable under subsection 24(1) by the body corporate in respect of a contravention of the civil penalty provision must not exceed:
(i) if the civil penalty provision is subsection 11(1) or (7) or 12B(1) or (8) --100 penalty units; or
(ii) in any other case--50 penalty units; and
(b) if the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) finds that the body corporate has, on a particular day, committed 2 or more contraventions of the civil penalty provision--the total of the penalties payable under subsection 24(1) by the body corporate in respect of those contraventions must not exceed:
(i) if the civil penalty provision is subsection 11(1) or (7) or 12B(1) or (8) --2,000 penalty units; or
(ii) in any other case--1,000 penalty units.
Maximum penalty payable by a person other than a body corporate--no prior record
(4) If a person other than a body corporate does not have a prior record in relation to a particular civil penalty provision:
(a) the penalty payable under subsection 24(1) by the person in respect of a contravention of the civil penalty provision must not exceed:
(i) if the civil penalty provision is subsection 11(1) or (7) or 12B(1) or (8) --20 penalty units; or
(ii) in any other case--10 penalty units; and
(b) if the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) finds that the person has, on a particular day, committed 2 or more contraventions of the civil penalty provision--the total of the penalties payable under subsection 24(1) by the person in respect of those contraventions must not exceed:
(i) if the civil penalty provision is subsection 11(1) or (7) or 12B(1) or (8) --400 penalty units; or
(ii) in any other case--200 penalty units.
Maximum penalty payable by body corporate--prior record
(5) If a body corporate has a prior record in relation to a particular civil penalty provision:
(a) the penalty payable under subsection 24(1) by the body corporate in respect of a contravention of the civil penalty provision must not exceed:
(i) if the civil penalty provision is subsection 11(1) or (7) or 12B(1) or (8) --500 penalty units; or
(ii) in any other case--250 penalty units; and
(b) if the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) finds that the body corporate has, on a particular day, committed 2 or more contraventions of the civil penalty provision--the total of the penalties payable under subsection 24(1) by the body corporate in respect of those contraventions must not exceed:
(i) if the civil penalty provision is subsection 11(1) or (7) or 12B(1) or (8) --10,000 penalty units; or
(ii) in any other case--5,000 penalty units.
Maximum penalty payable by a person other than a body corporate--prior record
(6) If a person other than a body corporate has a prior record in relation to a particular civil penalty provision:
(a) the penalty payable under subsection 24(1) by the person in respect of a contravention of the civil penalty provision must not exceed:
(i) if the civil penalty provision is subsection 11(1) or (7) or 12B(1) or (8) --100 penalty units; or
(ii) in any other case--50 penalty units; and
(b) if the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) finds that the person has, on a particular day, committed 2 or more contraventions of the civil penalty provision--the total of the penalties payable under subsection 24(1) by the person in respect of those contraventions must not exceed:
(i) if the civil penalty provision is subsection 11(1) or (7) or 12B(1) or (8) --2,000 penalty units; or
(ii) in any other case--1,000 penalty units.