Barry O'Speedwagon
Coach
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I'd suggest breaching the salary cap would be considered a strict liability offence and there is still no reason under the NRL rules couldn't have given us the same punishment if we had breached the salary cap by $1.
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I can't see how all cap breaches (or more importantly the punishments for breaching the cap) can be reduced to to a strict liability basis. A number of breaches occur because of the resolution of events that are uncertain at the time you contract players.
It is true that the NRL can issue whatever penalty they see fit, and the code of conduct suggests that you can't challenge an eventual finding of guilt, but you can challenge both the process and the penalty applied (at least via Ian Callinan 'the other Ian'), and you can challenge process further in court.