Document ID: chunk:federal_register_of_legislation:F2024C00766:reg:176
Version: federal_register_of_legislation:F2024C00766
Segment Type: reg
Provision Reference: reg 176
Character Range: 197711–199003

176  Relief from liability for contravention of civil penalty provision
 (1) In this regulation:
eligible proceedings:
 (a) means proceedings for a contravention of a civil penalty provision; and
 (b) does not include proceedings for an offence.
 (2) If:
 (a) eligible proceedings are brought against a person or organisation; and
 (b) in the proceedings it appears to the Federal Court that the person or organisation has, or may have, contravened a civil penalty provision but that:
 (i) the person or organisation has acted honestly; and
 (ii) having regard to all the circumstances of the case, the person or organisation ought fairly to be excused for the contravention;
the Federal Court may relieve the person or organisation either wholly or partly from a liability to which the person or organisation would otherwise be subject, or that might otherwise be imposed on the person or organisation, because of the contravention.
 (3) If a person or organisation thinks that eligible proceedings will or may be begun against them, they may apply to the Federal Court for relief.
 (4) On an application under subregulation (3), the Federal Court may grant relief under subregulation (2) as if the eligible proceedings had been begun in the Federal Court.

Division 2—Infringement notices