Hazardous Substances and New Organisms Act 1996

124C Amount of pecuniary penalty

(1)

The court must not make an order for the payment of a pecuniary penalty that exceeds,—

(a)

in the case of an individual, $500,000; or

(b)

in the case of a body corporate, the greater of—

(i)

$10,000,000; or

(ii)

if it can be readily ascertained and if the court is satisfied that the contravention occurred in the course of producing a commercial gain, 3 times the value of any commercial gain resulting from the contravention; or

(iii)

if the commercial gain cannot be readily ascertained, 10% of the turnover of the body corporate and all of its interconnected bodies corporate (if any).

(2)

In determining an appropriate penalty under this section, the court must have regard to all relevant matters, including—

(a)

the nature and extent of the breach:

(b)

the nature and extent of any loss or damage suffered by any person or to the environment as a result of the breach:

(c)

the circumstances in which the breach took place:

(d)

whether or not the person has previously been found in proceedings under this Act to have engaged in any similar conduct:

(e)

the steps taken by the person to bring the breach to the attention of the enforcement agency:

(f)

the steps taken by the person to avoid, remedy, or mitigate the effects of the breach.

(3)

In this section, interconnected and turnover have the same meaning as in the Commerce Act 1986.

Section 124C: inserted, on 30 October 2003, by section 52 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).