Maritime Area Planning Act 2021
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Matters to be considered in determining sanctions to be imposed | ||
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152. (1) The MARA or the High Court, as appropriate, in considering— | ||
(a) the minor sanction or major sanction to be imposed on a holder pursuant to section 147 (4)(a), or | ||
(b) the minor sanction (if any) or major sanction (if any) to be imposed on a holder pursuant to a decision confirmed or given under section 149 (3) or 150 (2), | ||
shall take into account the circumstances of the relevant ground concerned (including the factors occasioning it). | ||
(2) Without prejudice to the generality of subsection (1), the MARA or the High Court, as appropriate, may, in relation to the holder concerned, have regard to— | ||
(a) the need to ensure that any sanction imposed— | ||
(i) is appropriate and proportionate to the relevant ground, and | ||
(ii) if applicable, will act as a sufficient incentive to ensure that any like relevant ground will not apply to the holder in the future, | ||
(b) the seriousness of the relevant ground, | ||
(c) the income of the holder in the financial year ending in the year previous to the year in which the relevant ground last applied to the holder and the ability of the holder to pay an amount which falls within paragraph (c), (d) or (e) of the definition of “major sanction”, | ||
(d) the extent of any failure by the holder to co-operate with the investigation concerned of the holder, | ||
(e) any excuse or explanation by the holder for the relevant ground or failure to co-operate with the investigation concerned, | ||
(f) any gain (financial or otherwise) made by the holder or by any other person in which the holder has a financial interest as a consequence of the relevant ground, | ||
(g) the amount of any loss suffered, or costs incurred, by the State as a result of the relevant ground, | ||
(h) the duration of the relevant ground, | ||
(i) the repeated application of the relevant ground to the holder, | ||
(j) if applicable, the continuation of the relevant ground after the holder was notified of the investigation concerned, | ||
(k) if applicable, the absence, ineffectiveness or repeated failure of internal mechanisms or procedures of the holder intended to prevent relevant grounds, | ||
(l) if applicable, the extent and timeliness of any steps taken to end the relevant ground and any steps taken for remedying the consequences of the relevant ground, | ||
(m) whether a sanction in respect of the relevant ground has already been imposed on the holder by a court, the MARA or another person, and | ||
(n) any precedents set by a court, the MARA or another person in respect of previous relevant grounds. |