PESTICIDES ACT 1999 - SECT 109
Matters to be considered in imposing penalty
PESTICIDES ACT 1999 - SECT 109
Matters to be considered in imposing penalty
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.
