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Civil pecuniary penalties

These are penalties that are made payable even if the contravention in question is not made a criminal offence. The penalties are payable to the Commonwealth, state or territory government, as appropriate. The amount of the pecuniary penalty varies. The details are laid down in Chapter 5, Part 5-2 of the ACL.

The courts will determine the amount to be paid in a particular case by taking into account the nature and extent of the act or omission which breached the ACL; any loss or damage suffered as a result; the circumstances in which it occurred; and any previous conduct of the same type. Maximum penalties are set out in s 224(3) of the ACL. Generally, corporations face larger maximum penalties than individuals.