SCHEDULE 3Civil sanctions

PART 1Power to impose civil sanctions

Combination of penalties7

1

The regulator may not serve a notice of intent relating to a fixed monetary penalty if, in relation to the same offence—

a

a compliance notice, restoration notice or stop notice has been served on that person (see paragraphs 2, 3, and 18);

b

a variable monetary penalty has been imposed on that person (see paragraph 5); or

c

a third party or enforcement undertaking has been accepted from that person (see paragraphs 10 and 24).

2

The regulator may not serve a notice of intent relating to a compliance notice, a restoration notice, or a variable monetary penalty, or serve a stop notice, on any person if, in relation to the same offence—

a

a fixed monetary penalty has been imposed on that person; or

b

that person has discharged liability for a fixed monetary penalty following service of a notice of intent to impose that penalty.