Secretary, Department of Planning and Environment v AGL Energy Limited

[2017] NSWLEC 2

NSW Land and Environment Court

Built by Barristers,
For Australian Law.

1. Environment and Planning
2. › prosecutions for failure to disclose political donations
3. › disclosure required when making applications for approval of or modifications to development
4. › eleven charges
5. › early guilty pleas
6. › for most charges, failure to disclose multiple donations
7. › failures due to inadequacy of internal systems and were not deliberate
1. Sentencing
2. › characterisation of offences
3. › approach to consideration of offences collectively
4. › offences with multiple failures to declare being toward the upper end of the range
5. › offences with single failure to declare being in the middle of the range
6. › accumulation and totality where multiple offences
7. › fines imposed
1. SENTENCING - publication orders
2. › availability to be ordered when legislation providing for them came into force after commission of offences but before charges laid
3. › legislative prohibition on retrospective application of increased penalty
4. › are publication orders a penalty?
5. › held publication orders are to be characterised as a penalty and not able to be required in these circumstances
1. Criminal Procedure
2. › prosecutor’s application for moiety of fines imposed
3. › purpose for ordering such payment being to compensate for investigation and other expenses
4. › statutory power now available to make additional order for such purposes
5. › appropriate to make an order in present circumstances