Commonwealth Consolidated Acts

LIQUID FUEL EMERGENCY ACT 1984 - SECT 34

  (1)   If the Court is satisfied that a person has contravened a civil penalty provision, the Court may order the person to pay to the Commonwealth a pecuniary penalty.

Determining amount of pecuniary penalty

  (1A)   In determining the pecuniary penalty, the Court must have regard to all relevant matters, including:

  (a)   the nature and extent of the contravention; and

  (b)   the consequences of the contravention; and

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

  (d)   the previous conduct of the person.

Maximum pecuniary penalty

  (1B)   The pecuniary penalty payable under subsection   (1) is not to exceed:

  (a)   for a contravention of subsection   12(9), 17(8) or 20(7):

  (i)   by a person other than a body corporate--500 penalty units; or

  (ii)   by a body corporate--2,500 penalty units; and

  (b)   for a contravention of subsection   18(6) or 19(5):

  (i)   by a person other than a body corporate--300 penalty units; or

  (ii)   by a body corporate--1,500 penalty units; and

  (c)   for a contravention of subsection   13(9), 14(6) or (7) or 14A(6) or (7):

  (i)   by a person other than a body corporate--100 penalty units; or

  (ii)   by a body corporate--500 penalty units; and

  (d)   for a contravention of subsection   21(9), 22(9), 23(9) or 24(9):

  (i)   by a person other than a body corporate--30 penalty units; or

  (ii)   by a body corporate--150 penalty units.

Conduct contravening more than one civil penalty provision

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

Ancillary contraventions

  (3)   For the purposes of this section, a person is taken to have contravened a civil penalty provision if:

  (a)   the person has attempted to contravene the provision; or

  (b)   the person has aided, abetted, counselled or procured a person to contravene the provision; or

  (c)   the person has induced, or attempted to induce, a person, whether by threats or promises or otherwise, to contravene the provision; or

  (d)   the person has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of the provision; or

  (e)   the person has conspired with others to contravene the provision.