Offences—fail to comply with emergency declaration
49 Offences—fail to comply with emergency declaration
A person must comply with an emergency declaration.
Maximum penalty: 50 penalty units.
A person commits an offence if the person intentionally or negligently fails to comply with an emergency declaration.
Maximum penalty: 2 500 penalty units, imprisonment for 2 years or both.
An offence against subsection (1) is a strict liability offence.
This section does not apply if, at the time the person committed the offence, the person was not made aware of the emergency declaration.
The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58).
For subsection (4) a person is made aware of an emergency declaration if—
public notice of the declaration was given under section 40 (1); or
the person was given a copy of the declaration; or
an authorised person told the person orally, or in writing, about the declaration.
This Act’s bill:Explanatory statementSecond reading speech
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