Clean Energy Regulator v MT Solar Pty Ltd

REASONS FOR JUDGMENT 1 On 8 March 2013, I published Reasons for Judgment in this matter (Clean Energy Regulator v MT Solar Pty Ltd [2013] FCA 205). 2 I have subsequently realised that [129] of those Reasons contains a number of arithmetical errors in the calculated ranges of penalties referred to in that paragraph. Notwithstanding those arithmetical errors, I wish to make clear that I had intended to impose a penalty of $70,000 on MT Solar Pty Ltd. That was the penalty which, in fact, I imposed upon MT Solar Pty Ltd on 8 March 2013. 3 In order for my Reasons for Judgment of 8 March 2013 to be correctly understood, the following paragraph should be substituted for [129] in those Reasons: 129. When those starting point penalties are applied and totalled, the range of starting point penalties is $151,250-$206,250. To that range, I propose to apply a 40% discount for co-operation thereby reducing the range to $90,750-$123,750. I propose also to apply a further 20% discount to take account of the totality principle. When that discount is applied, the proposed range of penalty is $72,600-$99,000. I think that that range throws up a penalty which is still too high. I think that a penalty just under the lower end of the range is justified. In all the circumstances, I will impose a penalty of $70,000 upon MT Solar. 4 I propose to amend my Reasons for Judgment published on 8 March 2013 accordingly. I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Foster.