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Fine increased eightfold after government appeal

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Fine increased eightfold after government appeal

Supreme Court of Western Australia

A court appeal by a government agency against a fine for failing to supply documents to safety regulators has seen the penalty increased by more than eight times for a Perth-based business.

Western Australia’s Building and Energy Division of the Department of Mines, Industry Regulation and Safety said in a statement that the hefty penalty increase was levelled against Jason Aaron Nominees Pty Ltd by the Supreme Court.

According to the government body, Jason Aaron Nominees and a second business — Pascoe’s Electrical Contracting Pty Ltd — were each fined $3,000 by a court for failing to provide required documents demanded by electrical safety inspectors.

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Building and Energy appealed the $3,000 penalty handed to Jason Aaron Nominees, arguing against the perceived lenience of the fine.

Justice Jeremy Allanson upheld the appeal and imposed a new penalty of $25,000, and also added costs of more than $7,000.

The appeal hearings concluded on 16 May, although Building and Energy only issued its statement on the matter on Tuesday (4 June).

“This significant fine should serve as a reminder that anyone participating in a regulated industry will face consequences if they don’t meet their obligations and responsibilities,” said Ken Bowron, the regulator’s director of energy safety.

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“Non-compliance with any aspect of WA’s electricity legislation can ultimately put people’s safety at risk.”

The regulator added that the same business was previously fined $8,000 after it was found to have operated as an electrical contractor without a licence for a two-month period in 2014.

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Fine increased eightfold after government appeal
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