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.