Document ID: chunk:federal_register_of_legislation:C2008A00125:clause:5_61aja
Version: federal_register_of_legislation:C2008A00125
Segment Type: clause
Provision Reference: sch 5 cl 61AJA
Character Range: 137512–139128

61AJA  Order to pay amount equivalent to avoided charge

 (1) This section applies if:
 (a) a court convicts a person of an offence against this Act or orders a person to pay a pecuniary penalty for a contravention of a civil penalty provision; and
 (b) the person would not have committed the offence or contravention if the conduct constituting the offence or contravention had been authorised by a permission granted under the regulations for the purposes of a zoning plan or a provision of this Act; and
 (c) the permission would have been a chargeable permission.

 (2) In addition to any fine or sentence of imprisonment imposed on the person for the offence or contravention, the court may, on application by the Authority, order the person to pay to the Authority, on behalf of the Commonwealth, a penalty of an amount determined by the court under subsection (3).

 (3) In determining the penalty, the court must have regard to the amount of charge that would have been payable if the person had been the holder of the chargeable permission referred to in paragraph (1)(c) at all times when the person engaged in conduct constituting the offence or contravention (whether or not the person was convicted, or ordered to pay a pecuniary penalty, in respect of each particular instance of the conduct).

 (4) To avoid doubt, the total of the penalties that may be payable by a person in relation to an offence or contravention of a civil penalty provision may, because of this section, exceed the maximum penalty set out at the foot of the offence or civil penalty provision.

Subdivision K—Publicity orders