New South Wales Consolidated Acts(cf model provisions, s 110)
(1) In making an order under this Division, a court may assess:(a) the monetary value of any loss, as referred to in:(i) section 70 (Recovery of losses for non-provision of container weight declaration), or(ii) section 71 (Recovery of losses for provision of inaccurate container weight declaration), or(b) the attributable amount, as referred to in section 72 (Recovery of amount by responsible entity),in such manner as the court considers appropriate.
(2) In making such an assessment, the court may take into account such matters as it considers relevant, including any evidence adduced in connection with any prosecution brought for a breach referred to in section 71.