43—Amendment of section 64 of the NEL—Matters for which there must
be regard in determining amount of civil penalty
(1) NEL,
section 64(d)—delete "conduct." and substitute:
conduct; and
(2) NEL—after
section 64(d) insert:
(e)
whether the service provider had in place a compliance program approved by the
AER or required under the Rules, and if so, whether the service provider has
been complying with that program.