Australian Capital Territory Numbered Regulations

PROTECTION OF PUBLIC PARTICIPATION REGULATION 2010 (NO 10 OF 2010) - REG 4

    (1)     In working out a financial penalty, a court must consider the following matters:

        (a)     the extent to which the defendant, or anyone else, is, or could be, discouraged from engaging in public participation;

        (b)     the costs and hardships imposed on the defendant by the improper proceedings;

        (c)     the extent to which the plaintiff benefited from the improper proceedings;

        (d)     the effect on the defendant's ability to engage in public participation;

        (e)     the steps taken by the plaintiff and defendant to avoid litigation.

    (2)     The matters mentioned in subsection (1) do not limit the matters a court may consider in working out a financial penalty.

    (3)     In working out a financial penalty, a court is not limited by—

        (a)     any other proceeding under another territory law in relation to the plaintiff's conduct; or

        (b)     any other penalty imposed on the plaintiff under territory law.

    (4)     In this section:

"improper proceedings" means proceedings started or maintained for an improper purpose.

Note     Improper purpose —see the Act, s 6.