PART 3Variable monetary penalties
Non-compliance penalties: appealsI119
1
A person on whom a non-compliance penalty notice is served may appeal to the Tribunal against the decision to serve the notice on any of the following grounds—
a
that the decision was based on an error of fact;
b
that the decision was wrong in law;
c
that the decision was unfair or unreasonable for any reason (including that the amount of the non-compliance penalty is unreasonable);
d
any other reason.
2
Where an appeal is made against a decision to serve a non-compliance penalty notice, the non-compliance penalty is suspended until a decision is made by the Tribunal in respect of the appeal.
3
On an appeal, the Tribunal may do any of the following—
a
confirm the amount of the non-compliance penalty;
b
reduce the amount of the non-compliance penalty;
c
set aside the decision to impose the non-compliance penalty;
d
award costs.