approving officer to vary the DPA, or to require payment of interest on particular amounts not paid by a due date specified in a DPA. Financial penalty The financial penalty imposed by a DPA must be of a severity that is appropriate having regard to all circumstances relating to the DPA. Section 17C(3) of the DPP Act requires the CDPP to have regard to the following factors when determining an appropriate financial penalty: the extent to which the corporation has cooperated with Commonwealth agencies during DPA negotiations (a high level of cooperation may justify a lower financial penalty) the severity of the penalty that may be imposed by a court if the corporation was convicted of each offence specified in the DPA, and the inclusion of other terms in the DPA that require payments to be made by the corporation (if other terms of the DPA require the corporation to make significant payments, a lower financial penalty may be appropriate). In determining an appropriate financial penalty, the CDPP will consider factors relevant to the case at hand. These factors may include the nature and circumstances of the misconduct the circumstances of the corporation any other relevant offending (including any pattern of offending) any other ongoing legal proceedings and other fines, penalties or other sanctions that have been imposed on the corporation with respect to the misconduct the personal circumstances of any victim of the misconduct any injury, loss or damage resulting from the misconduct the degree to which the corporation has shown contrition for the offence by taking action to make reparation for any injury, loss or damage resulting from the offence, or in any other manner the degree to which the corporation has cooperated with law enforcement agencies in the investigation of the offence or of other offences the need to ensure that the corporation is adequately punished for the offence, and any other factor that might be considered by a Court in determining an appropriate sentence for the relevant misconduct (as outlined in section 16A of the Crimes Act 1914). Section 17C(4) of the DPP Act provides that a DPA does not need to include a financial penalty if the Director of the CDPP is satisfied that exceptional circumstances apply. If a corporation considers that
approving officer to vary the DPA, or to require payment of interest on particular amounts not paid by a due date specified in a DPA. Financial penalty The financial penalty imposed by a DPA must be of a severity that is appropriate having regard to all circumstances relating to the DPA. Section 17C(3) of the DPP Act requires the CDPP to have regard to the following factors when determining an appropriate financial penalty: the extent to which the corporation has cooperated with Commonwealth agencies during DPA negotiations (a high level of cooperation may justify a lower financial penalty) the severity of the penalty that may be imposed by a court if the corporation was convicted of each offence specified in the DPA, and the inclusion of other terms in the DPA that require payments to be made by the corporation (if other terms of the DPA require the corporation to make significant payments, a lower financial penalty may be appropriate). In determining an appropriate financial penalty, the CDPP will consider factors relevant to the case at hand. These factors may include the nature and circumstances of the misconduct the circumstances of the corporation any other relevant offending (including any pattern of offending) any other ongoing legal proceedings and other fines, penalties or other sanctions that have been imposed on the corporation with respect to the misconduct the personal circumstances of any victim of the misconduct any injury, loss or damage resulting from the misconduct the degree to which the corporation has shown contrition for the offence by taking action to make reparation for any injury, loss or damage resulting from the offence, or in any other manner the degree to which the corporation has cooperated with law enforcement agencies in the investigation of the offence or of other offences the need to ensure that the corporation is adequately punished for the offence, and any other factor that might be considered by a Court in determining an appropriate sentence for the relevant misconduct (as outlined in section 16A of the Crimes Act 1914). Section 17C(4) of the DPP Act provides that a DPA does not need to include a financial penalty if the Director of the CDPP is satisfied that exceptional circumstances apply. If a corporation considers that
Deferred-prosecution-agreement-scheme-draft-code-of-practice.docx