- 7.
- The 'civil penalty provisions' in the Privacy Act include: a serious or repeated interference with privacy (s 1
- G) with maximum penalties including $2,500, 000 for a person other than a body corporate, and for a body corporate, an amount not exceeding the greater of: $50,000,000; or
How much is a penalty unit in Australia?
One penalty unit is currently $192.31, from 1 July 2023 to 30 June 2024.
The rate for penalty units is indexed each financial year so that it is raised in line with inflation.
Any change to the value of a penalty unit will happen on 1 July each year..
What are the powers of the ACCC?
Its role is to administer and enforce the Competition and Consumer Act 2010 and other legislation, promoting competition, fair trading and regulating national infrastructure for the benefit of all Australians..
What are unfair contract terms and disclaimers?
A term is 'unfair' if it would cause a significant imbalance in the parties' rights and obligations under the contract, is not reasonably necessary to protect legitimate business interests, and would cause detriment (financial or otherwise) if it were to be applied or relied upon..
What is Section 76 of the CCA?
Section 76(1) makes clear that the following key factors may be taken into account: Nature and extent of the act or omission.
Any loss or damage resulting from the act or omission.
Circumstances in which act or omission has taken place..
What is the civil penalty provision?
A civil penalty is a pecuniary (or monetary) penalty imposed by courts exercising a civil rather than criminal jurisdiction.
State and Commonwealth government bodies can apply to the courts to have a pecuniary penalty imposed against an entity for breaching a civil penalty provision in some circumstances..
What is the maximum fine for ACCC?
For individuals, the maximum pecuniary penalty per contravention is $500,000..
- A civil penalty is a pecuniary (or monetary) penalty imposed by courts exercising a civil rather than criminal jurisdiction.
State and Commonwealth government bodies can apply to the courts to have a pecuniary penalty imposed against an entity for breaching a civil penalty provision in some circumstances. - A penalty unit (PU) is a standard amount of money used to compute penalties for many breaches of law in Australia at both the federal, and state and territory level.
Fines are calculated by multiplying the value of a penalty unit by the number of units prescribed for the offence. - An order made by a Court requiring a person to pay a monetary penalty for a statutory breach.
Pecuniary penalty orders can be made where a person has contravened a: Civil penalty provision under the Corporations Act 2001 (Cth) (CA 2001) (section 131.- G, CA 2001)
- Its role is to administer and enforce the Competition and Consumer Act 2010 and other legislation, promoting competition, fair trading and regulating national infrastructure for the benefit of all Australians.
