Tourism Services Act 2003
sec.84Criteria for deciding amount to be ordered
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sec.84 Criteria for deciding amount to be ordered
To decide the amount a person may be ordered to pay under section 83 (1) (b) or (f) , the tribunal may consider any or all of the following— the person’s conduct before and after the disciplinary ground concerned happened; whether the conduct was deliberate; the period over which the conduct happened; the amount of financial loss caused by the disciplinary ground; any similar past conduct of the person, including conduct happening before the commencement of this section; whether the conduct could have been prevented; if the person is a corporation—the extent to which the executive officers of the corporation knew or should have known of the existence of the disciplinary ground; any action the person took to remedy the disciplinary ground including, for example, compensating persons who suffered financial loss because of it; the extent to which the person cooperated with the commissioner to remedy the disciplinary ground and prevent future disciplinary grounds happening; the person’s financial position; any other relevant factor.
- (a) the person’s conduct before and after the disciplinary ground concerned happened;
- (b) whether the conduct was deliberate;
- (c) the period over which the conduct happened;
- (d) the amount of financial loss caused by the disciplinary ground;
- (e) any similar past conduct of the person, including conduct happening before the commencement of this section;
- (f) whether the conduct could have been prevented;
- (g) if the person is a corporation—the extent to which the executive officers of the corporation knew or should have known of the existence of the disciplinary ground;
- (h) any action the person took to remedy the disciplinary ground including, for example, compensating persons who suffered financial loss because of it;
- (i) the extent to which the person cooperated with the commissioner to remedy the disciplinary ground and prevent future disciplinary grounds happening;
- (j) the person’s financial position;
- (k) any other relevant factor.