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12. The following Schedules have effect—
(a)Schedule 2, which makes provision for fixed monetary penalties;
(b)Schedule 3, which makes provision for discretionary requirements.
13.—(1) The Administrator shall not serve a notice of intent in relation to a fixed monetary penalty on a seller in any of the following circumstances—
(a)where a discretionary requirement has been imposed on the seller in relation to the same breach;
(b)where the seller has discharged liability to a fixed monetary penalty in respect of the same breach by payment of a specified sum;
(c)where a fixed monetary penalty has previously been imposed in respect of the same act or omission.
(2) The Administrator shall not serve a notice of intent in relation to a discretionary requirement on a seller in any of the following circumstances—
(a)where a fixed monetary penalty has been imposed on the seller in relation to the same breach;
(b)where the seller has discharged liability to a fixed monetary penalty in respect of the same breach by payment of a specified sum;
(c)where a discretionary requirement has previously been imposed in respect of the same act or omission.
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