s. 221ZZZJ (f) order the person to pay the Authority a S. 221ZZZJ penalty of not more than 100 penalty units (1)(f) amended by unless— No. 75/1998 s. 5(b), (i) a charge has been filed in the substituted by Magistrates' Court in respect of the No. 36/2008 s. 24(1), matter; or amended by No. 34/2013 (ii) the matter has been dealt with by a s. 34(Sch. 1 item 96). court exercising its criminal jurisdiction; or (iii) the matter has been dealt with by the issue of an infringement notice; (1A) If the Authority determines under subsection (1) S. 221ZZZJ (1A) to suspend or cancel a licence or registration of a inserted by person because the person has breached a No. 36/2008 s. 24(2), requirement of this Part, the Authority may amended by No. 34/2013 suspend the operation of that suspension or s. 34(Sch. 1 cancellation on condition that the person complies item 96). with specified conditions. (1B) In making a decision under subsection (1A), the S. 221ZZZJ (1B) Authority may take into account— inserted by No. 36/2008 (a) whether the person has any previous s. 24(2), amended by conviction for breaching the requirements of No. 34/2013 this Part; and s. 34(Sch. 1 item 96). (b) whether the conduct of the person in breaching the requirements leading to the determination to suspend or cancel the licence or registration was out of character and unlikely to reoccur; and (c) whether there are mitigating circumstances that warrant the decision.
S. 221ZZZJ (1)(f) amended by No. 75/1998 s. 5(b), substituted by No. 36/2008 s. 24(1), amended by No. 34/2013 s. 34(Sch. 1 item 96). (f) order the person to pay the Authority a penalty of not more than 100 penalty units unless— (i) a charge has been filed in the Magistrates' Court in respect of the matter; or (ii) the matter has been dealt with by a court exercising its criminal jurisdiction; or (iii) the matter has been dealt with by the issue of an infringement notice; S. 221ZZZJ (1A) inserted by No. 36/2008 s. 24(2), amended by No. 34/2013 s. 34(Sch. 1 item 96). (1A) If the Authority determines under subsection (1) to suspend or cancel a licence or registration of a person because the person has breached a requirement of this Part, the Authority may suspend the operation of that suspension or cancellation on condition that the person complies with specified conditions. S. 221ZZZJ (1B) inserted by No. 36/2008 s. 24(2), amended by No. 34/2013 s. 34(Sch. 1 item 96). (1B) In making a decision under subsection (1A), the Authority may take into account— s. 221ZZZJ (a) whether the person has any previous conviction for breaching the requirements of this Part; and (b) whether the conduct of the person in breaching the requirements leading to the determination to suspend or cancel the licence or registration was out of character and unlikely to reoccur; and (c) whether there are mitigating circumstances that warrant the decision.
93-126a103.docx