107APecuniary penalties

1. The court may, on the application of the Commission, order a person to pay to the Crown the pecuniary penalty that the court determines to be appropriate if the court is satisfied that the person—

2. has contravened any of the following provisions:
   1. section 9C(1) (lender responsibility principles), except to the extent that that provision relates to section 9C(3)(f):
   2. section 9CA (failure to keep records about reasonable inquiries and provide records on request):
   3. section 41 (unreasonable credit fee or default fee):
   4. section 41A (duties in respect of records and reviews about how fees calculated):
   5. subpart 6A of Part 2 (provisions relating to debtors under high-cost consumer credit contracts):
   6. section 59B(1) (duty of directors and senior managers of creditors):
   7. section 131B (when person needs to be certified):
   8. section 131D (prohibitions on holding out that person is certified):
   9. section 131R (duty to notify changes):
   10. an order made under section 98A (compliance orders) or section 98B (order to disclose information or publish advertisement); or
3. has attempted to contravene such a provision; or
4. has aided, abetted, counselled, or procured any other person to contravene such a provision; or
5. has induced, or attempted to induce, any other person, whether by threats or promises or otherwise, to contravene such a provision; or
6. has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by any other person of such a provision; or
7. has conspired with any other person to contravene such a provision.

8. In determining an appropriate penalty under this section, the court must have regard to all relevant matters, in particular,—

9. any exemplary damages awarded under section 94(1)(c); and
10. the nature and extent of the contravention; and
11. the nature and extent of any loss or damage suffered by any person because of the contravention; and
12. any gains made or losses avoided by the person in contravention; and
13. the circumstances in which the contravention took place (including whether the contravention was intentional, inadvertent, or caused by negligence).

14. The amount of any pecuniary penalty must not, in respect of each act or omission, exceed,—

15. in the case of an individual, $200,000; or
16. in any other case, $600,000.

17. Proceedings under this section may be commenced within 3 years after the matter giving rise to the contravention was discovered or ought reasonably to have been discovered.

18. Where conduct by any person constitutes a contravention of 2 or more provisions referred to in subsection (1)(a), proceedings may be instituted under this Act against that person in relation to the contravention of any 1 or more of the provisions; but no person is liable to more than 1 pecuniary penalty under this section in respect of the same conduct.