119IRemedies and costs

1. In proceedings under section 119H, the court may—

2. order that the online content host comply with the take-down notice by a date specified in the order:
3. order the online content host to pay a pecuniary penalty to the Crown:
4. award costs as the court thinks fit:
5. order interest to be paid in accordance with the court’s rules.

6. A pecuniary penalty is payable in an amount that the court determines is appropriate, taking into account all relevant matters, and, in particular,—

7. the nature and extent of the failure or refusal to comply with the notice; and
8. the circumstances in which the failure or refusal to comply occurred (including whether this was intentional, inadvertent, or caused by negligence).

9. The standard of proof for the matters in subsection (2) is the balance of probabilities.

10. The amount of a pecuniary penalty must not exceed $200,000.

11. Only 1 pecuniary penalty is payable in relation to the same take-down notice.