PART 5Civil Sanctions

Combination of sanctions13

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.