Part 4
Regulatory and enforcement matters
Civil liability:
Pecuniary penalty order
73Considerations for court in determining pecuniary penalty
In determining an appropriate pecuniary penalty that a person (A) must pay, the court must have regard to all relevant matters, including—
- the nature and extent of A’s conduct; and
- the nature and extent of any loss or damage suffered by any person because of A’s conduct; and
- any gains made or losses avoided by A; and
- whether a person has paid an amount of compensation, reparation, or restitution, or taken other steps to avoid, mitigate, or remedy any loss or damage suffered by another person because of A’s conduct; and
- the circumstances in which A’s conduct took place; and
- whether A has previously been found by a court in a proceeding under this Act, or any other legislation, to have engaged in any similar conduct.
In this section, A’s conduct means the conduct of A for which A is liable to the pecuniary penalty.