Australian Capital Territory Current Acts

INDEPENDENT COMPETITION AND REGULATORY COMMISSION ACT 1997 - SECT 54N

    (1)     The maximum civil penalty payable for a contravention of a civil penalty provision is the penalty mentioned in schedule 5, section 5.3, column 3 for the provision.

    (2)     Without limiting the matters the court may consider, in deciding the amount of the civil penalty for an enforcement order, the court must consider the following:

        (a)     the nature and extent of the contravention;

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

        (c)     any loss or damage suffered because of the contravention;

        (d)     any benefit the person and, for a corporation, a related corporation, has obtained directly or indirectly that is reasonably attributable to the contravention;

        (e)     whether the person has previously engaged in conduct similar to the conduct constituting the contravention.