Section 56EV — Competition and Consumer Act 2010 (Cth)

(1) Despite subsection 82(5) of the Regulatory Powers Act, the pecuniary penalty payable:

(a) by a person; and

(b) under a civil penalty order under Part 4 of that Act (as that Part applies because of section 56EU of this Act);

must not be more than the maximum penalty amount worked out under this section for a contravention by the person.

Maximum amount of civil penalty for a body corporate

(2) For the purposes of subsection (1), the maximum penalty amount for a contravention by a body corporate of a privacy safeguard penalty provision is the greater of the following:

(a) $10,000,000;

(b) if the relevant court (see subsection 56EU(4)) can determine the value of the benefit that the body corporate, and any body corporate related to the body corporate, have obtained directly or indirectly and that is reasonably attributable to the contravention—3 times the value of that benefit;

(c) if that court cannot determine the value of that benefit—10% of the adjusted turnover of the body corporate during the 12‑month period ending at the end of the month in which the contravention happened or began.

Maximum amount of civil penalty for other persons

(4) For the purposes of subsection (1), the maximum penalty amount for a contravention by a person other than a body corporate of a privacy safeguard penalty provision is $500,000.

Related sections

• s 56ES — Notification of CDR data security breaches
• s 56ET — Investigating breaches of the privacy safeguards etc.
• s 56EU — Civil penalty provisions
• s 56EW — Enforceable undertakings
• s 56EX — Injunctions
• s 56EY — Actions for damages

Research how courts apply s 56EV

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