Document ID: chunk:federal_register_of_legislation:C2023C00441:section:67e
Version: federal_register_of_legislation:C2023C00441
Segment Type: section
Provision Reference: s 67E
Character Range: 73438–75537

67E  Relief from liability for contravention of civil penalty provision etc.
 (1) A relevant court may relieve a 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, if:
 (a) proceedings referred to in subsection (5) are brought against the person; and
 (b) in the proceedings it appears to the court that:
 (i) the person has or may have contravened a civil penalty provision, or the person is or may be liable in relation to the negligence, default or breach, but 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, negligence, default or breach.
 (2) A person who thinks that proceedings referred to in subsection (5) will or may be commenced against him or her may apply to a relevant court for relief.
 (3) On an application under subsection (2), the court may grant relief under subsection (1) as if proceedings referred to in subsection (5) had been commenced in the court.
 (4) For the purposes of subsection (1) as it applies for the purposes of a case tried by a judge with a jury:
 (a) a reference in that subsection 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.
 (5) The proceedings referred to in this subsection:
 (a) are:
 (i) proceedings in relation to a contravention of a civil penalty provision in this Act (including proceedings for a compensation order under section 67B); or
 (ii) civil proceedings for negligence, default, breach of trust or breach of duty in a person's capacity as a Board member or a member of staff of the Agency; and
 (b) do not include proceedings for an offence against this Act (except to the extent that the proceedings relate to the question of whether the court should make an order under section 67B).

Division 8—Conflict of interests