Serious contraventions of civil penalty provisions
73ZKA Serious contraventions of civil penalty provisions
If an authorised applicant is applying under the Regulatory Powers Act for a civil penalty order in relation to a serious contravention of a civil penalty provision of this Act, the application under subsection 82(1) of that Act must specify the relevant serious contravention.
If, in proceedings for a civil penalty order in relation to a serious contravention of a provision of this Act, the relevant court:
is not satisfied that the person has committed a serious contravention of that provision; and
is satisfied beyond reasonable doubt that the person has contravened that provision;
the relevant court may make a civil penalty order against the person not for the serious contravention but for the contravention of that provision.
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