PAID PARENTAL LEAVE ACT 2010 (NO. 104, 2010) - SECT 147 Civil penalty orders
PAID PARENTAL LEAVE ACT 2010 (NO. 104, 2010) - SECT 147
Civil penalty orders(1) If the Federal Court or the Federal Magistrates Court is satisfied that a person has contravened one or more civil penalty provisions, the court may, on the application of the Secretary or the Fair Work Ombudsman, order the person to pay to the Commonwealth such pecuniary penalty, in relation to each contravention, as the court determines to be appropriate.
Note: Subsection (3) sets out the maximum penalty that the court may order the person to pay.
(2) An order under subsection (1) is a civil penalty order .
Determining pecuniary penalty
(3) The pecuniary penalty must not be more than:
(a) if the person is a body corporate--5 times the maximum number of penalty units referred to in the relevant item in column 2 of the table in section 146; and
(b) otherwise--the maximum number of penalty units referred to in the relevant item in column 2 of the table in section 146.
(4) In determining the pecuniary penalty, the court must take into account all relevant matters, including:
(a) the nature and extent of the contravention; and
(b) the nature and extent of any loss or damage suffered because 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) the likely impact of the penalty on the person.
Civil enforcement of penalty
(5) The pecuniary penalty is a civil debt payable to the Commonwealth.
(6) The Commonwealth may enforce a 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.