Penalty mitigation for minor breaches: procedural safeguards require opportunity to be heard and proportionate penalties. Penalties under the Act must be proportionate to the breach and not imposed for minor breaches or easily rectifiable documentation errors made without fraud or gross negligence. An opportunity to be heard is required before imposing penalty, and penalty orders must specify the nature of the breach and applicable provision. Voluntary pre-discovery disclosure may mitigate penalty, and the section does not apply where the Act prescribes a fixed sum or fixed percentage penalty.
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 mitigation for minor breaches: procedural safeguards require opportunity to be heard and proportionate penalties.
Penalties under the Act must be proportionate to the breach and not imposed for minor breaches or easily rectifiable documentation errors made without fraud or gross negligence. An opportunity to be heard is required before imposing penalty, and penalty orders must specify the nature of the breach and applicable provision. Voluntary pre-discovery disclosure may mitigate penalty, and the section does not apply where the Act prescribes a fixed sum or fixed percentage penalty.
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