Western Australian Current Acts

PUBLIC HEALTH ACT 2016 - SECT 41

41 .         Determination by court of appropriate punishment

        (1)         In determining the appropriate punishment to impose on a person found guilty of an offence under this Part, the court must have regard to —

            (a)         the extent of the public health risk caused, or likely to have been caused, by the commission of the offence; and

            (b)         the practical measures that could have been taken to prevent, control or abate that risk; and

            (c)         the extent to which the person who committed the offence could reasonably have foreseen that risk; and

            (d)         the extent to which the person who committed the offence had control over the circumstances that gave rise to that risk; and

            (e)         whether, in committing the offence, the person was complying with orders given to the person in the course of his or her employment.

        (2)         Nothing in this section limits the powers of a court under the Sentencing Act 1995 .