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Table Of Contents
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Table Of Contents
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- Part 1—Preliminary
- Part 2—Restrictions on the practical operation of poker machines
- Part 3—Civil penalties
- Part 4—Minimum uniform national standards and national monitoring network
- Part 5—Miscellaneous
Content WindowPoker Machine Harm Reduction ($1 Bets and Other Measures) Bill 2012 
Application for order
(1) Within 6 years of a person (the wrongdoer ) contravening a civil penalty provision, the Minister may apply on behalf of the Commonwealth to the Federal Court of Australia for an order that the wrongdoer pay the Commonwealth a pecuniary penalty.
Court may order wrongdoer to pay pecuniary penalty
(2) 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 such pecuniary penalty, in respect of each contravention, as the Court determines to be appropriate.
Determining amount of pecuniary penalty
(3) In determining the pecuniary penalty, the Court must have regard to all relevant matters, including:
(a) the nature, extent and circumstances of the contravention; and
(b) the nature and extent of any loss or damage suffered as a result of the contravention; and
(c) whether the person has previously been found by the Court in proceedings under this Act to have engaged in any similar conduct.
(4) In assessing the extent of any loss or damage, the Court may consider the harm that is caused to vulnerable people, to their families and to Australian society by the use of expensive and addictive poker machines.
(5) The pecuniary penalty payable under subsection (2) is not to exceed 2,000 penalty units for each contravention.
(6) A failure to comply with more than one subsection in section 8 constitutes more than one contravention of a civil penalty provision even if that contravention relates to the same conduct.
(7) A person who contravenes a civil penalty provision commits a separate contravention of that provision in respect of each day (including a day of the making of a relevant civil penalty order or any subsequent day) during which the contravention continues.
(8) The pecuniary penalty payable under subsection (2) for such a separate contravention in respect of a particular day must not exceed 10% of the maximum pecuniary penalty that could have been imposed for the contravention if subsection (7) had not been enacted.
A contravention of a civil penalty provision is not an offence.
If the Federal Court orders a person to pay a pecuniary penalty:
(a) the penalty is payable to the Commonwealth; and
(b) the Commonwealth may enforce the order as if it were a judgment of the Court.