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Threatened Species Protection Act 1995
56Alternative to prosecution
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### 56 Alternative to prosecution
> > (1) [*\[Section 56 Subsection (1) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002\]*](/view/html/inforce/2002-12-31/act-2002-064#JS1@Ja19@GC26@Hpa@EN) In this section, ***prescribed fine*** means a fine of an amount not exceeding the amount that the Secretary accepts is equal, or approximately equal, to twice the amount required to make good any damage done, or any loss incurred, by reason of the commission of an offence against this Act.
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> > (2) [*\[Section 56 Subsection (2) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002\]*](/view/html/inforce/2002-12-31/act-2002-064#JS1@Ja19@GC26@Hpb@EN) If the Secretary is satisfied that a person has committed an offence against this Act but the circumstances do not merit the imposition of a penalty, the Secretary may, on payment of a prescribed fine by the alleged offender, cause any proceedings in respect of the alleged offence to be waived or discontinued.
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> > (3) [*\[Section 56 Subsection (3) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002\]*](/view/html/inforce/2002-12-31/act-2002-064#JS1@Ja19@GC26@Hpc@EN) The amount of a prescribed fine is, after deducting such amount as the Secretary determines for the purpose of making good any damage done or any loss incurred by reason of the commission of the offence, to be paid into the Threatened Species Fund.