294Matters for which there must be regard in determining amount of civil penalty

294 Matters for which there must be regard in determining amount of civil penalty

294 Matters for which there must be regard in determining amount of civil penalty

Every civil penalty ordered to be paid by a person declared to have breached a provision of this Law, the National Regulations or the Rules must be determined having regard to all relevant matters, including—

(a) the nature and extent of the breach; and

(b) the nature and extent of any loss or damage suffered as a result of the breach; and

(ba) without limiting the operation of section 4A(1)(c)(ii)(B) or (C)—the value of any benefit reasonably attributable to the breach that the person or, in the case of a body corporate, any related body corporate, has obtained, directly or indirectly; and

(c) the circumstances in which the breach took place; and

(d) whether the person has engaged in any similar conduct and been found to be in breach of a provision of this Law, the National Regulations or the Rules in respect of that conduct; and

(e) in the case of a regulated entity—whether the person has established, and has complied with, policies, systems and procedures under section 273.

s 294: Am 2020 No 37, sec 43.