Document ID: chunk:federal_register_of_legislation:C2004A01357:clause:2_13
Version: federal_register_of_legislation:C2004A01357
Segment Type: clause
Provision Reference: sch 2 cl 13
Character Range: 34968–36432

13  Relief from liability for contravention of subclause 2(1)

 (1) In this clause:

civil penalty proceedings:
 (a) means proceedings for a contravention of subclause 2(1); and
 (b) does not include proceedings for an offence.

 (2) If:
 (a) civil penalty proceedings are brought against a person; and
 (b) in the proceedings, it appears to the court that the person has, or may have, contravened subclause 2(1) 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 considers that civil penalty 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 civil penalty proceedings had been begun in the court.

 (5) For the purposes of applying subclause (2) to 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 considers appropriate.