Question

Substantial civil penalties exist in s13G for "serious and

repeated" breaches of the Act. What might be a difficulty in the
application of the section?

Answer 1

A potential difficulty in the application of Section 13G is determining what constitutes a "serious and repeated" breach. The lack of a clear definition can lead to challenges in enforcing and applying the section consistently.

Step-by-step explanation:

A potential difficulty in the application of Section 13G, which imposes substantial civil penalties for serious and repeated breaches of the Act, is determining what constitutes a "serious and repeated" breach. The interpretation of this phrase can vary, and different parties may have different perspectives on what qualifies as serious and repeated. For example, one party may argue that three breaches in the span of a year is serious and repeated, while another may argue that five breaches in the same time period are not significant enough to meet the threshold. The lack of a clear definition can lead to challenges in enforcing and applying the section consistently.