This article discusses whether a repeated breach after compliance restarts enforcement or whether a single contravention within the notice to comply penalty timeframe is sufficient to trigger penalty entitlement under the legislation.
question
When seeking a penalty during the 12-month time frame after the notice to comply was issued, what happens if the breach stops and then continues again? Does the process start from scratch?
answer
A single contravention within that timeframe would trigger the entitlement for a penalty.
The legislation states that the Tribunal needs to be satisfied that the person has “contravened” within 12 months after the Tribunal imposed a monetary penalty. Therefore, from an ordinary reading of the section, a single contravention within that timeframe would trigger the entitlement for a penalty.
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