Mitch Fifield (Victoria, Liberal Party, Minister for Communications) Share this | Hansard source

I should point out that the civil penalties are only up to $105,000. As I've indicated before, if there were to be a civil penalty sought by the eSafety Commissioner through the Federal Court then it would be in circumstances where other remedies have been ineffective—where there'd been a repeat offender—and the courts, in determining the appropriate penalty amount, again, have to take into account the nature and extent of the contravention, the nature and extent of any loss or damage suffered, the circumstances of the contravention, and whether the person has previously been found by a court to have engaged in similar conduct. The courts can also determine not to apply a civil penalty. But, again, I emphasise that the eSafety Commissioner would firstly seek a non-formal resolution of the complaint, followed if necessary by a formal written warning, followed if necessary by an infringement notice. They have the option of enforceable undertakings, injunctions and, ultimately, civil penalties. So there are really six layers of the graduated approach that could be taken in these circumstances.

In terms of consultation, there was extensive public consultation last year. Senator Steele-John is right that this legislation hasn't been referred to a committee of the Senate for inquiry. That is something that sometimes happens, but often it doesn't happen. In this case I surmise that a majority of colleagues were not in favour of a Senate inquiry, given the extensive public consultation that had occurred and the extensive examination that colleagues have already given this legislation.