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Marine Order 4 (Transitional modifications) 2013
34Matter not to be taken into account in determining penalty
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34 Matter not to be taken into account in determining penalty
34.1 This section applies if a person who is given an infringement notice:
(a) elects not to pay the infringement notice penalty; and
(b) is found by an eligible court to have contravened the civil penalty provision mentioned in the notice.
34.2 In determining the penalty to be imposed, the court must not take into account the fact that the person chose not to pay the infringement notice penalty.