Penalty limitation for minor breaches: officers must avoid penalties for rectifiable errors and allow hearing; voluntary disclosure mitigates. The Act bars penalties for trivial or easily rectifiable breaches made without fraud or gross negligence, requires penalties to be proportionate to the breach, mandates opportunity to be heard, and obliges officers to state the nature of breach and legal basis in penalty orders; voluntary pre-discovery disclosure is a mitigating factor, and the rules exclude cases where penalties are fixed sums or fixed percentages.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Penalty limitation for minor breaches: officers must avoid penalties for rectifiable errors and allow hearing; voluntary disclosure mitigates.
The Act bars penalties for trivial or easily rectifiable breaches made without fraud or gross negligence, requires penalties to be proportionate to the breach, mandates opportunity to be heard, and obliges officers to state the nature of breach and legal basis in penalty orders; voluntary pre-discovery disclosure is a mitigating factor, and the rules exclude cases where penalties are fixed sums or fixed percentages.
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