Document ID: chunk:federal_register_of_legislation:C2010A00044:clause:2_5
Version: federal_register_of_legislation:C2010A00044
Segment Type: clause
Provision Reference: sch 2 cl 5
Character Range: 40430–41115

5  At the end of section 85
Add:
 (7) If, in proceedings under section 76E against a person other than a body corporate, it appears to the Court that the person has, or may have:
 (a) engaged in conduct in contravention of a provision referred to in paragraph (1)(a) of that section; or
 (b) engaged in conduct referred to in paragraph (1)(b), (c), (d), (e) or (f) of that section that relates to a contravention of such a provision;
but that the person acted honestly and reasonably and, having regard to all the circumstances of the case, ought fairly to be excused, the Court may relieve the person either wholly or partly from liability to a pecuniary penalty under that section.