Civil penalties — contravention of civil penalty provisions
5 Civil penalties — contravention of civil penalty provisions
If, on application, the Supreme Court is satisfied that a person has contravened a civil penalty provision, the Court may determine that a civil penalty of an amount that does not exceed the maximum civil penalty amount prescribed for the contravention in the Table to Schedule 1 is payable by the person to the Authority.
An amount specified as a daily amount in the Table to Schedule 1 in respect of a contravention of a civil penalty provision applies, as part of the prescription of the maximum civil penalty amount, for each day or part of a day that the contravention continues after the day, specified in a warning notice given to the person, by or during which the contravention was to be rectified.
For the purposes of subregulation (2) —
if the contravention consists of a failure to do something required to be done, the contravention is to be regarded as continuing until the act is done, despite the fact that any period within which, or time before which, the act is required to be done has expired or passed; and
the warning notice is a notice, that complies with subregulation (7), given by the Authority to the person warning the person that the Authority believes that the person has contravened the civil penalty provision.
In determining the amount of any civil penalty, the Court must have regard to all relevant matters including —
the nature and extent of the act or omission constituting the contravention and of any loss or damage suffered as a result of the act or omission;
the circumstances in which the act or omission took place; and
whether the person has previously been found by the Court in proceedings under this Part to have contravened a civil penalty provision.
An application may be made by the Authority, and no one else.
The Authority cannot make an application in respect of a person unless it has already given a warning notice to the person.
A warning notice must —
identify the civil penalty provision that the Authority believes has been, or is being, contravened;
describe the conduct that comprises the alleged contravention;
request an explanation; and
request that the alleged contravention be rectified and specify a day or time by which it must be rectified.
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