[(1) [Each regulator] must prepare and issue a statement of its policy with respect to—
(a) the imposition of penalties under section 63A; and
(b) the amount of penalties under that section.
(2) [Each regulator's] policy in determining whether a penalty should be imposed, and what the amount of a penalty should be, must include having regard to—
(a) the conduct of the person on whom the penalty is to be imposed;
(b) the extent to which the person could reasonably be expected to have known that a controlled function was performed without approval;
(c) the length of the
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