Civil Penalties in Australian Legislation

Civil penalty provisions are an increasingly common feature of both State and Federal legislation in Australia. Such provisions authorise the imposition of penal sanctions upon persons who contravene the legislation notwithstanding that their liability need only be established on the civil standard of proof and in proceedings that employ the civil rules of practice and procedure. In this way the Legislature seeks to ensure compliance with the key provisions of its statutes. In this article, the authors examine the civil penalty regimes set up by four major pieces of Australian legislation the Industrial Relations Act 1988, the Trade Practices Act 1974, the Corporations Law and the uniform consumer credit legislation. The relevant provisions of each piece of legislation are outlined, with the nature of the penalties that may be imposed and the procedures for imposing them being considered in detail. The rationale underlying the inclusion of civil penalty provisions in the various statutes is explored. The authors conclude with a series of propositions which, they submit, state the current law with respect to civil penalties in Australia.