# Civil penalty orders

> act-s486R — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

486R Civil penalty orders

               Application for order
          (1) The Minister may apply to an eligible court for an order that a
              person, who is alleged to have contravened a civil penalty
              provision, pay the Commonwealth a pecuniary penalty.
          (2) The Minister must make the application within 6 years of the
              alleged contravention.

               Eligible court may order person to pay pecuniary penalty
          (3) If the eligible court is satisfied that the person has contravened a
              civil penalty provision, the court may order the person to pay to the
              Commonwealth such pecuniary penalty for the contravention as the
              court determines to be appropriate.
               Note:      Subsection (5) sets out the maximum penalty that the eligible court
                          may order the person to pay.

          (4) An order under subsection (3) is a civil penalty order.

               Determining pecuniary penalty
          (5) The pecuniary penalty must not be more than:
               (a) if the person is a body corporate—5 times the amount of the
                   pecuniary penalty specified for the civil penalty provision;
                   and
               (b) otherwise—the amount of the pecuniary penalty specified for
                   the civil penalty provision.
          (6) In determining the pecuniary penalty, the eligible court must take
              into account all relevant matters, including:









                 (a) the nature and extent of the contravention; and
                 (b) the nature and extent of any loss or damage suffered because
                      of the contravention; and
                 (c) the circumstances in which the contravention took place; and
                 (d) whether the Department has taken any administrative action
                      against the person in relation to the conduct constituting the
                      contravention or any similar conduct; and
                 (e) whether the person has been issued with an infringement
                      notice under regulations made for the purposes of
                      section 506A in relation to the conduct constituting the
                      contravention or any similar conduct; and
                  (f) whether the person has previously been found by a court in
                      proceedings under this Act to have engaged in any similar
                      conduct.