Part 5Enforcement
Pecuniary penalty: Amount of pecuniary penalty
159Considerations for court
In determining whether to make an order, and the amount of any pecuniary penalty to be paid, the court must have regard to the following matters:
- the extent to which A’s conduct undermines the purposes of this Act:
- any loss or damage caused by A’s conduct:
- whether A has taken steps to avoid or mitigate any adverse effects arising from A’s conduct:
- whether A’s conduct was intentional or reckless:
- the circumstances of A’s conduct:
- whether A has previously engaged in similar conduct:
- any other matters the court considers relevant.
In the case of a contravention of section 93 or 94, the court must also have regard to the guidance published under section 97.