154HPecuniary penalty order

1. The Director-General may apply to the High Court for an order that a person pay the Crown a pecuniary penalty under this Act.

2. The court may make the order if it is satisfied that the person failed to comply with—

3. section 16A:
4. section 16B:
5. section 16C:
6. section 18(1)(b):
7. section 24D(1)(a):
8. section 25(1), (2), (8), or (9):
9. a condition imposed under section 27A:
10. section 29(1):
11. a condition imposed under section 29(2):
12. section 40(6):
13. section 52:
14. section 53:
15. a direction under section 122:
16. section 130(4):
17. section 134(1):
18. regulations made under section 150 that provide that a contravention of them gives rise to civil liability:
19. any directions or requirements under Part 7:
20. any of the following requirements, if the requirement has been prescribed by regulations as a requirement for which a contravention gives rise to civil liability:
    1. a requirement in regulations:
    2. a requirement in a rule.

21. The court must not make the order if the person satisfies the Court—

22. that the failure was necessary for the purpose of—
    1. saving or protecting life or health, preventing serious damage to property, or avoiding an actual or likely adverse effect on human health or a natural and physical resource; and
    2. the person's conduct was reasonable in all the circumstances; and
    3. the person took steps that were reasonable in all the circumstances to mitigate or remedy the effects of the failure after it occurred; or
23. that the following apply:
    1. the failure was due to an event beyond the person's control, including natural disaster, mechanical failure, or sabotage; and
    2. the person could not reasonably have foreseen the event; and
    3. the person could not reasonably have taken steps to prevent the event occurring; and
    4. the person took steps that were reasonable in all the circumstances to mitigate or remedy the effects of the failure after the event occurred; or
24. that the person did not know, and could not reasonably have known, of the failure.

25. The standard of proof in proceedings under this section is the standard of proof that applies in civil proceedings.

26. The Director-General may apply for an order of the court to obtain discovery and administer interrogatories.