Commonwealth Consolidated Acts Commonwealth Consolidated ActsPecuniary penalties
(1) A Court may order a person to pay the Commonwealth a pecuniary penalty of up to $200,000 if:
(a) a declaration of contravention by the person has been made under section 386 - 1; and
(b) the contravention:
(i) materially prejudices the interests of the Aboriginal and Torres Strait Islander corporation affected by the contravention or the interests of its members; or
(ii) materially prejudices the ability of the Aboriginal and Torres Strait Islander corporation affected by the contravention to pay its creditors; or
(iii) is serious.
Responsibilities of secretaries for certain corporate contraventions
(1A) Without limiting subsection (1), if a declaration of contravention by a person of subsection 265 - 40(1) has been made under section 386 - 1, a Court may order the person to pay the Commonwealth a pecuniary penalty of up to $3,000.
Penalty a civil debt etc.
(2) The penalty is a civil debt payable to the Commonwealth. The Registrar, or the Commonwealth, may enforce the 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.