New South Wales Consolidated Acts

PESTICIDES ACT 1999 - SECT 109

109 Matters to be considered in imposing penalty

(1) In imposing a penalty for an offence under this Act or the regulations, the court is to take into consideration the following (so far as they are relevant):

(a) the extent of the injury, damage or harm caused or likely to be caused by the commission of the offence,

(b) the practical measures that may be taken to prevent, control, abate or mitigate any such injury, damage or harm,

(c) the extent to which the person who committed the offence could reasonably have foreseen the injury, damage or harm caused or likely to be caused by the commission of the offence,

(d) the extent to which the person who committed the offence had control over the causes that gave rise to the offence,

(e) whether, in committing the offence, the person was complying with orders from an employer or supervising employee,

(f) in any case where the defendant is a corporation, the type of corporation concerned (eg whether it is a sole trader or a family-owned business),

(g) whether the person who committed the offence complied with any relevant pesticide code of practice.

(2) The court may take into consideration other matters that it considers relevant.