Paragraph 9

A variable monetary penalty may not be imposed on a person on more than one occasion in relation to the same act or omission, unless the act or omission is a continuing act or omission.

Before imposing a variable monetary penalty or serving a notice of intent in relation to any contravention, the Agency may require the person to provide such information as is reasonable to establish any benefit (financial or otherwise) arising as a result of the contravention.

In determining the amount of a variable monetary penalty, the Agency must take into consideration (but is not limited to) the following factors—