Document ID: chunk:federal_register_of_legislation:C2004C01070:clause:2_14
Version: federal_register_of_legislation:C2004C01070
Segment Type: clause
Provision Reference: sch 2 cl 14
Character Range: 656232–657872

14  Relief from liability for contravention of civil penalty provision

 (1) In this section:

eligible proceedings:
 (a) means proceedings for a contravention of a civil penalty provision (including proceedings under clause 4); and
 (b) does not include proceedings for an offence (except so far as the proceedings relate to the question whether the court should make an order under clause 4).

 (2) If:
 (a) eligible proceedings are brought against a person; and
 (b) in the proceedings it appears to the court that the person has, or may have, contravened a civil penalty provision but that:
 (i) the person has acted honestly; and
 (ii) having regard to all the circumstances of the case, the person ought fairly to be excused for the contravention;
the court may relieve the person either wholly or partly from a liability to which the person would otherwise be subject, or that might otherwise be imposed on the person, because of the contravention.

 (3) If a person thinks that eligible proceedings will or may be begun against them, they may apply to the Court for relief.

 (4) On an application under subclause (3), the Court may grant relief under subclause (2) as if the eligible proceedings had been begun in the Court.

 (5) For the purposes of subclause (2) as applying for the purposes of a case tried by a judge with a jury:
 (a) a reference in that subclause to the court is a reference to the judge; and
 (b) the relief that may be granted includes withdrawing the case in whole or in part from the jury and directing judgment to be entered for the defendant on such terms as to costs as the judge thinks appropriate.