Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1991 No. 98 of 1991 - SECT 349

349. (1) If the Federal Court is satisfied that a carrier has contravened a
direction, the Court may order the carrier to pay to the Commonwealth such
pecuniary penalty (not exceeding $10,000,000 in respect of each contravention)
as the Court determines to be appropriate having regard to all relevant
matters including:

   (a)  the nature and extent of the contravention and of any loss or damage
        suffered as a result of the contravention; and

   (b)  the circumstances in which the contravention took place; and

   (c)  whether the carrier has previously been found by the Court in
        proceedings under this Act to have engaged in any similar conduct.

(2) If conduct constitutes a contravention of 2 or more directions, a
proceeding may be instituted under this section against a carrier in relation
to the contravention of any one or more of the directions, but a carrier is
not liable to more than one pecuniary penalty under this section in respect of
the same conduct.