Regulation 26 Penalty amount - matters to which the CAC must have regard

(1)

When considering what amount is payable under an order requiring a person to pay an amount to the CAC under section 70ZI(5)(b) of the 1992 Act in relation to an access agreement, the CAC must have regard to the following matters—

(a)

the gravity of the failure;

(b)

the period of time over which that failure occurred;

(c)

the reason for that failure;

(d)

the number of workers affected by that failure;

(e)

the size and resources of the person; and

(f)

whether there have been any previous failures by the person to comply with any requirements under any access agreement entered into under section 70ZD of the 1992 Act or treated as having been entered into under section 70ZE of the 1992 Act.

(2)

Where the person described in paragraph (1) is a party to that access agreement the failure referred to in paragraph (1)(a) is the failure to comply with either or both of the following—

(a)

that access agreement;

(b)

any order made by the CAC under section 70ZH(3)(c) of the 1992 Act requiring that person to take specified steps for the purposes of ensuring that access takes place in accordance with that agreement.

(3)

Where the person described in paragraph (1) is not a party to that access agreement, and was the subject of the initial complaint made under section 70ZH(1)(b) of the 1992 Act in relation to that access agreement, the failure referred to in paragraph (1)(a) is the failure to do either or both of the following—

(a)

enable access, by taking steps to prevent access or otherwise preventing access from taking place in accordance with that access agreement;

(b)

comply with any order made by the CAC under section 70ZH(3)(c) of the 1992 Act requiring that person to take specified steps for the purposes of ensuring that access takes place in accordance with that access agreement.