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Contents (2013 - 105)
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Cemeteries and Crematoria Act 2013 No 105
Current version for 8 January 2019 to date (accessed 24 January 2020 at 19:47)
Part 6 Division 2 Section 114
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.