Under the Water Management Act 2000 (NSW), the making of a publication order under s 353G is not a matter the court is obliged to take into consideration when determining the quantum of a fine, as the statutory scheme separates orders (Part 3A) from penalties (Part 5). However, consent to a publication order may be relevant as evidence of remorse under s 364A(2). Corporate offenders seeking to establish genuine contrition and remorse should adduce sworn evidence from corporate executives rather than relying on unsworn letters or submissions of counsel.
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