Paragraph 9

After paragraph 45B insert—

“45C

For regulation 56D (Treasury monetary penalties: procedural rights) substitute—

“Monetary penalties: procedural rights

56D

(1)

Before imposing a monetary penalty on a person under regulation 56C, the Governor or an authorised person must inform the person of the intention to do so.

(2)

The Governor or the authorised person must also—

(a)

explain the grounds for imposing the penalty,

(b)

specify the amount of the penalty,

(c)

explain that the person is entitled to make representations, and

(d)

specify the period within which any such representations must be made.

(3)

If, having considered any representations, the Governor or an authorised person decides to impose the penalty, the Governor or the authorised person must—

(a)

inform the person of the decision, and

(b)

explain that the person is entitled to appeal (on any ground) to the Supreme Court of the Territory.

(4)

On an appeal under paragraph (3)(b), the Supreme Court of the Territory may—

(a)

quash the Governor’s or the authorised person’s decision to impose the penalty;

(b)

uphold the decision but substitute a different amount for the amount determined by the Governor or the authorised person.

(5)

In this regulation—

• “authorised person” has the same meaning as it has in regulation 56C (power to impose monetary penalties);

• “Supreme Court of the Territory” has the same meaning as it has in regulation 9 (confidential information in certain cases).”.”.