In assessing whether to serve a financial written penalty notice, the CBB takes into account the following criteria:

(a) The seriousness of the contravention, in relation to the requirement(s) concerned;
(b) The duration and/or frequency of the contravention, and the extent to which it reflects more widespread weaknesses in controls and/or management;
(c) The extent to which the contravention was deliberate or reckless;
(d) The licensee's past compliance record and conduct following the contravention; and
(e) The scope of any other action taken by the CBB or other regulators against the licensee, in response to the compliance failures in question.
October 2010