PART 3Variable monetary penalties

Power to impose variable monetary penalty13

1

The enforcement authority may by notice impose a variable monetary penalty on a person in relation to—

a

an offence under section 85(1) of the Act (breach of requirement for, or conditions of, a licence);

b

an offence under section 89(1) of that Act (information); and

c

an offence under section 92(3)(b) of that Act (offence of failure to comply with a remediation notice).

2

The enforcement authority must, before imposing a penalty under paragraph (1), be satisfied beyond reasonable doubt that the person has committed the offence.