The seriousness of the conduct
Generally, the more serious the conduct, the more likely it is that MBIE will commence an investigation or continue with enforcement action. The key criteria are:
is there repeat offending or a pattern of offending?
is the offending intentional or calculated?
has the alleged offender ignored cease and desist letters or other warnings in the past?
is there an indication of organised crime being involved?
can the breaches be remedied?
has the alleged offender been co-operative and /or attempted to remedy the breaches?
are there any aggravating or mitigating factors?
is a conviction likely to result in a significant penalty?
is the alleged offender a ringleader or organiser of the offence?