In Mason v Harrington Corporation Pty Ltd [2007] FMCA 7, Federal Magistrate Mowbray listed factors that had been taken into consideration by the Federal Court in several different underpayment matters in determining a penalty. These included:
the nature and extent of the conduct
the nature and extent of any loss or damage
whether there had been similar previous conduct by the respondent
whether the breaches were properly distinct or arose out of one course of conduct
the deliberateness of the breaches
the extent to which senior management was involved in the breach
the corporation’s contrition, corrective action and cooperation with enforcement authorities
general deterrence.
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