89ZZVPecuniary penalties

1. A court of competent jurisdiction may, on the application of the chief executive, 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. sections 89J and 89K (which require the decommissioning of petroleum infrastructure):
   2. sections 89R and 89S (which require the plugging and abandoning of wells):
   3. section 89ZL (which requires the establishment and maintenance of an acceptable financial security arrangement):
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. A court of competent jurisdiction may, on the application of the chief executive, order an outgoing person to pay to the Crown the pecuniary penalty the court considers appropriate if the court is satisfied that the outgoing person has contravened section 41AB (which contains requirements relating to certain changes of controls).

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

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, $500,000; or
16. in the case of a body corporate, the greater of—
    1. $10 million; or
    2. either—
       1. if it can readily be ascertained and if the court is satisfied that the contravention resulted in a cost to the Crown or another person to remedy the effects of the contravention, 3 times the commercial gain; or
       2. if the commercial gain cannot be readily ascertained, 10% of the turnover of the person and all its interconnected bodies corporate (if any) in each accounting period during which the contravention occurred.

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.

19. In this section, outgoing person has the same meaning as in section 41AA(1).