Standard of proof
7.1In our Issues Paper, we asked the question: “Should pecuniary penalty statutes contain a uniform standard of proof provision and, if so, what should it contain?”
7.2Most existing pecuniary penalty statutes specify that the “usual standard of proof in civil proceedings” applies to pecuniary penalty proceedings. Two Acts are silent as to the standard of proof. Section 48(4) of the Overseas Investment Act 2005 contains a slightly different formulation: “the court must determine whether a person’s conduct [contravenes a pecuniary penalty provision] on a balance of probabilities”.