FEDERAL COURT OF AUSTRALIA

Clean Energy Regulator v MT Solar Pty Ltd (No 2) [2013] FCA 210

THE COURT ORDERS THAT:

Reasons for Judgment published on 8 March 2013 (Clean Energy Regulator v MT Solar Pty Ltd [2013] FCA 205) be amended by deleting [129] thereof and substituting therefor [129] as indicated in the attached Reasons for Judgment.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

1    On 8 March 2013, I published Reasons for Judgment in this matter (Clean Energy Regulator v MT Solar Pty Ltd [2013] FCA 205).

2    I have subsequently realised that [129] of those Reasons contains a number of arithmetical errors in the calculated ranges of penalties referred to in that paragraph. Notwithstanding those arithmetical errors, I wish to make clear that I had intended to impose a penalty of $70,000 on MT Solar Pty Ltd. That was the penalty which, in fact, I imposed upon MT Solar Pty Ltd on 8 March 2013.

3    In order for my Reasons for Judgment of 8 March 2013 to be correctly understood, the following paragraph should be substituted for [129] in those Reasons:

129.    When those starting point penalties are applied and totalled, the range of starting point penalties is $151,250–$206,250. To that range, I propose to apply a 40% discount for co-operation thereby reducing the range to $90,750–$123,750. I propose also to apply a further 20% discount to take account of the totality principle. When that discount is applied, the proposed range of penalty is $72,600–$99,000. I think that that range throws up a penalty which is still too high. I think that a penalty just under the lower end of the range is justified. In all the circumstances, I will impose a penalty of $70,000 upon MT Solar.

4    I propose to amend my Reasons for Judgment published on 8 March 2013 accordingly.

Associate:

Dated:    11 March 2013