Section 224 — Competition and Consumer Act 2010: Pecuniary penalties

(1) If a court is satisfied that a person: (a) has contravened any of the following provisions: (i) a provision of Part 2-2 (which is about unconscionable conduct); (iia) section 23(2A) or (2C) (which is about unfair terms in standard form consumer or small business contracts); (ii) a provision of Part 3-1 (which is about unfair practices); (iii) section 66(2) (which is about display notices); (iv) a provision (other than section 85) of Division 2 of Part 3-2 (which is about unsolicited consumer agreements); (v) a provision (other than section 96(2)) of Division 3 of Part 3-2 (which is about lay-by agreements); (va) section 99B(1), 99C, 99D(1), 99E or 99F(2) (which are about gift cards); (vi) section 100(1) or (3) or 101(3) or (4) (which are about proof of transactions and itemised bills); (vii) section 102(2) or 103(2) (which are about prescribed requirements for warranties and repairers); (viii) section 106(1), (2), (3) or (5), 107(1) or (2), 108(2) or (3), 108A, 118(1), (2), (3) or (5), 119(1) or (2), 125(4), 127(1) or (2), 128(2) or (6), 131(1) or 132(1) (which are about safety of consumer goods and product related services); (ix) section 136(1), (2) or (3), 137(1) or (2), 137AA or 137B (which are about information standards); (x) section 221(1) or 222(1) (which are about substantiation notices); or (b) has attempted to contravene such a provision; or (c) has aided, abetted, counselled or procured a person to contravene such a provision; or (d) has induced, or attempted to induce, a person, whether by threats or promises or otherwise, to contravene such a provision; or (e) has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision; or (f) has conspired with others to contravene such a provision; the court may order the person to pay to the Commonwealth, State or Territory, as the case may be, such pecuniary penalty, in respect of each act or omission by the person to which this section applies, as the court determines to be appropriate. (2) In determining the appropriate pecuniary penalty, the court must have regard to all relevant matters including: (a) the nature and extent of the act or omission and of any loss or damage suffered as a result of the act or omission; and (b) the circumstances in which the act or omission took place; and (c) whether the person has previously been found by a court in proceedings under Chapter 4 or this Part to have engaged in any similar conduct. (3) The pecuniary penalty payable under subsection (1) is not to exceed the amount worked out using the following table: Amount of pecuniary penalty Item For each act or omission to which this section applies that relates to … if the person is a body corporate—the pecuniary penalty is not to exceed … if the person is not a body corporate—the pecuniary penalty is not to exceed … 1 a provision of Part 2-2 the greater of the amounts mentioned in subsection (3A) $2,500,000 2A section 23(2A) or (2C) the greater of the amounts mentioned in subsection (3A) $2,500,000 2 a provision of Part 3-1 (other than section 47(1)) the greater of the amounts mentioned in subsection (3A) $2,500,000 3 section 47(1) $5,000 $1,000 4 section 66(2) $50,000 $10,000 5 a provision of Division 2 of Part 3-2 (other than section 85) $50,000 $10,000 6 a provision of Division 3 of Part 3-2 (other than section 96(2)) $30,000 $6,000 7 section 99B(1), 99C, 99D(1), 99E or 99F(2) $30,000 $6,000 8 section 100(1) or (3) or 101(3) or (4) $15,000 $3,000 9 section 102(2) or 103(2) $50,000 $10,000 10 section 106(1), (2), (3) or (5), 107(1) or (2), 118(1), (2), (3) or (5) or 119(1) or (2) the greater of the amounts mentioned in subsection (3A) $2,500,000 10A section 108(2) $50,000 $10,000 10B section 108(3) $250,000 $50,000 10C section 108A $50,000 $10,000 11 section 125(4) $16,500 $3,300 12 section 127(1) or (2) the greater of the amounts mentioned in subsection (3A) $2,500,000 13 section 128(2) or (6), 131(1) or 132(1) $16,500 $3,300 14 section 136(1), (2) or (3) or 137(1) or (2) the greater of the amounts mentioned in subsection (3A) $2,500,000 14A section 137AA or 137B $50,000 $10,000 15 section 221(1) $16,500 $3,300 16 section 222(1) $27,500 $5,500 (3A) For the purposes of items 1, 2A, 2, 10, 12 and 14 of the table in subsection (3), the amounts are as follows: (a) $100,000,000; (b) if the court can determine the value of the benefit that the body corporate, and any body corporate related to the body corporate, have obtained directly or indirectly and that is reasonably attributable to the act or omission—3 times the value of that benefit; (c) if the court cannot determine the value of that benefit—30% of the body corporate’s adjusted turnover during the breach turnover period for the act or omission. (4) If conduct constitutes a contravention of 2 or more provisions referred to in subsection (1)(a): (a) a proceeding may be instituted under this Schedule against a person in relation to the contravention of any one or more of the provisions; but (b) a person is not liable to more than one pecuniary penalty under this section in respect of the same conduct.