Explanatory Memorandum
(Circulated by authority of the Minister for Vocational Education and Skills, the Hon Luke Hartsuyker MP)Australian Law Reform Commission Report 95, Principled Regulation: Federal Civil and Administrative Penalties in Australia, 13 March 2003, Statement of Principle, paragraph 3.110.
Ibid, paragraph 2.61
This is also the approach taken by the Canadian Courts in relation to section 11 of the Canadian Charter of Rights and Freedoms, see R v Wigglesworth [1987] 2 R.C.S 541, Matineau v M.N.R. [2004] 3 R.C.S. 737, Canada v Guindon 2013 FCA 153.