Definition

1 In this regulation, "Act" means the Safety Standards Act.

Prescribed provisions of the Act

2 For the purpose of section 40 (1) (a) [monetary penalties] of the Act, the following provisions of the Act are prescribed:

(a) section 63 (b) [general prohibitions — regulated work];

(b) section 63 (c) [general prohibitions — regulated product];

(c) section 68 [alteration of regulated products];

(d) section 69 (2) (a) [use or possession of a regulated product];

(e) section 70 (1) [disposal of regulated products — certification mark];

(f) section 70 (2) [disposal of regulated products — unsafe operation].

Criteria

3 Before a safety manager imposes a monetary penalty on a person, the safety manager must consider the following:

(a) previous enforcement actions under the Act for contraventions of a similar nature by the person;

(b) the extent of the harm, or of the degree of risk of harm, to others as a result of the contravention;

(c) whether the contravention was deliberate;

(d) whether the contravention was repeated or continuous;

(e) the length of time during which the contravention continued;

(f) any economic benefit derived by the person from the contravention.