sec.234Matters for which there must be regard in determining amount of civil penalty

sec.234 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 Regulations or the Rules must be determined having regard to all relevant matters, including— the nature and extent of the breach; and the nature and extent of any loss or damage suffered as a result of the breach; and without limiting the operation of section 3A (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 the circumstances in which the breach took place; and whether the person has engaged in any similar conduct and been found to have breached a provision of this Law, the Regulations or the Rules in respect of that conduct; and whether the service provider had in place a compliance program approved by the AER or required under the Rules, and if so, whether the service provider has been complying with that program. s 234 amd 2020 No. 37 (SA) s 67

• (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 3A (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 have breached a provision of this Law, the Regulations or the Rules in respect of that conduct; and
• (e) whether the service provider had in place a compliance program approved by the AER or required under the Rules, and if so, whether the service provider has been complying with that program.