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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) .

Prior record

  (2)   If:

  (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.