Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts11. (1) If the Court is satisfied that a prescribed corporation has contravened section 7, the Court may, subject to subsection (2), order the corporation to pay to the Territory such pecuniary penalty as the Court determines to be appropriate having regard to all relevant matters, including—
(a) the circumstances in which the contravention took place; and
(b) whether the corporation has previously been found by the Court in proceedings under this section to have contravened section 7.
(2) The Court shall not order the payment of a pecuniary penalty under subsection (1) that exceeds—
(a) in the case of a contravention of subsection 7 (1)—$10,000 for each retail site exceeding the maximum number of retail sites permitted to be operated by the prescribed oil company under that subsection; or
(b) in the case of a contravention of subsection 7 (2)—$10,000 for each retail site exceeding the maximum number of retail sites permitted to be operated by the members of the relevant group of prescribed corporations under that subsection.
(3) A pecuniary penalty ordered to be paid under subsection (1) is a debt due and payable to the Territory by the prescribed corporation.
(4) Criminal proceedings do not lie against a prescribed corporation for a contravention of section 7.
(5) In this section—