Schedule 2, section 215 - Competition and Consumer Act 2010 - Penalties for previous contraventions of the same nature etc.

Sch 2 s 215Penalties for previous contraventions of the same nature etc.

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215 Penalties for previous contraventions of the same nature etc.

(1) If:

(a) a person is convicted of an offence constituted by, or relating to, a contravention of a provision of this Chapter; and

(b) a fine has, or fines have, previously been imposed on the person by the court for an offence or offences constituted by, or relating to, another contravention or other contraventions of the same provision; and

(i) to have been of the same nature as, or a substantially similar nature to, the contravention mentioned in paragraph (a); and

(ii) to have occurred at or about the same time as the contravention mentioned in paragraph (a);

the court must not, in respect of the offence mentioned in paragraph (a), impose on the person a fine that exceeds the amount (if any) by which the maximum fine applicable in respect of that offence is greater than the amount of the fine, or the sum of the amounts of the fines, referred to in paragraph (b).

(2) This section applies whether or not a fine has, or fines have, also previously been imposed on the person for an offence or offences constituted by, or relating to, a contravention or contraventions of that provision that were of a different nature or occurred at a different time.