Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Authority may, on behalf of the Commonwealth, apply for a declaration of contravention under this section in relation to a contravention of a civil penalty provision by a person.
(2) If the Federal Court is satisfied that the person has contravened the civil penalty provision, the Court must make a declaration of contravention.
Note: Once a declaration is made, the Authority can seek a pecuniary penalty order (see section 61AIC).
(3) The declaration of contravention must specify the following:
(a) that the Federal Court made the declaration;
(b) the civil penalty provision that was contravened;
(c) if the contravention was an aggravated contravention--the applicable aggravating circumstance under section 38GB;
(d) the person who contravened the civil penalty provision;
(e) the conduct that constituted the contravention.
(4) Proceedings for a declaration of contravention may be started no later than 6 years after the contravention.