Offences—engage in regulated dealing without registration
90 Offences—engage in regulated dealing without registration
A person must not engage in a regulated dealing if the person is not registered to engage in the dealing.
Maximum penalty: 50 penalty units.
A person commits an offence if the person—
intentionally or negligently engages in a regulated dealing; and
is not registered to engage in the dealing.
Maximum penalty: 1 000 penalty units.
An offence against subsection (1) is a strict liability offence.
It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that they had a reasonable excuse for engaging in the regulated dealing.
It is a defence to a prosecution for an offence against this section if the defendant proves that—
they engaged in the dealing as the employee or agent of a registered person; and
the registered person is registered to engage in the dealing.
The defendant has a legal burden in relation to the matters mentioned in s (4) and s (5) (see Criminal Code, s 59).
This Act’s bill:Explanatory statementSecond reading speech
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