The seriousness of a contravention of the duty of care and diligence under s 232(4) for civil penalty purposes is determined by the degree of departure from the requisite standard and the consequences (potential or actual) of the contravention, with a higher degree of negligence required than to establish civil liability. Findings of contravention do not create a presumption of absence of fitness and propriety under s 1317EA(4); strong positive character evidence and evidence of subsequent proper management must be given appropriate weight. Where multiple declarations of contravention are made, the court must impose a separate penalty for each and then apply the totality principle.
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