Section 245(c) of the POEO Act does not authorise a court to make an order in the nature of a mandatory injunction requiring a defendant to comply with the Act in the future; the section is limited to orders requiring tangible or physical steps to address the consequences of the offence. For unlawful waste disposal offences involving deliberate conduct, prior convictions, and asbestos contamination, penalties in the range of $16,000 to $32,000 per offence (after discount) may be appropriate where the maximum penalty is $250,000.
The full text is available to signed-in members, including the 26 later cases that cite this judgment.
2 of the 26 citing cases carry a classified treatment. How each court treated it is available to signed-in members.