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CEMETERIES AND CREMATORIA ACT 2013 - SECT 114
Proceedings for contravention of civil penalty provision
114 Proceedings for contravention of civil penalty provision
(1) Within 12 months of a person (the
"wrongdoer" ) contravening a civil penalty provision or the Cemeteries Agency
becoming aware of the contravention, the Cemeteries Agency (or an authorised
officer referred to in section 121) may apply to the Local Court for an order
that the wrongdoer pay a pecuniary penalty.
(2) If the Local Court is
satisfied that the wrongdoer has contravened a civil penalty provision, the
Local Court may order the wrongdoer to pay for each contravention the
pecuniary penalty that the Local Court determines is appropriate (not
exceeding the maximum civil penalty specified for contravention of that civil
penalty provision).
(3) In determining the pecuniary penalty, the Local Court
must have regard to all relevant matters, including the following-- (a) the
nature and extent of the contravention,
(b) the nature and extent of any loss
or damage suffered as a result of the contravention,
(c) the circumstances in
which the contravention took place,
(d) whether the person has previously
been found by a court or tribunal to have engaged in any similar conduct.
(4)
If conduct constitutes a contravention of 2 or more civil penalty provisions,
proceedings may be instituted under this Act against a person in relation to
the contravention of any one or more of those provisions. However, the person
is not liable to more than one pecuniary penalty under this section in respect
of the same conduct.
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