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Financial penalties

Air Navigation (92 — Carriage of Dangerous Goods) Regulations 2022

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—(1) Subject to paragraphs (2) and (3), where the Authority is of the opinion that a shipper or an operator of an aircraft, or an agent of a shipper or an operator of an aircraft (called in this regulation the responsible person) is contravening or has contravened any provision in Part 2 or 3 (being a contravention that is not an offence under the Act), the Authority may impose on the responsible person a financial penalty not exceeding the higher of —(a)$500,000; or(b)5% of the responsible person’s annual revenue derived from the regulated activity.(2) Before exercising any power under paragraph (1), the Authority must give written notice to the responsible person —(a)stating that the Authority intends to impose on the responsible person a financial penalty under this regulation;(b)specifying each instance of non‑compliance that is the subject of the financial penalty; and(c)specifying the time (being not less than 14 days after the service of the notice on the responsible person) within which written representations may be made to the Authority with respect to the non‑compliance that is the subject of the financial penalty.(3) The Authority may, after considering any written representations made under paragraph (2)(c), decide to impose any financial penalty under paragraph (1) that the Authority considers appropriate.(4) Where the Authority has made any decision under paragraph (3) against a responsible person, the Authority must give written notice to the responsible person specifying —(a)the amount of the financial penalty imposed on the responsible person; and(b)the period within which the financial penalty is to be paid.(5) To avoid doubt, this regulation does not affect the operation of section 17, 18 or 19 of the Act.(6) In this regulation —“annual revenue” means the amount of money received by a responsible person in the calendar year during which the responsible person contravened a provision in Part 2 or 3 (being a contravention that is not an offence under the Act);“regulated activity” means the flights or operations regulated under these Regulations.

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