Failure to comply with code of practice
124 Failure to comply with code of practice
A person commits an offence if—
a code of practice applies to the person; and
the person engages in conduct; and
the conduct results in a failure to comply with a requirement of the code of practice; and
the person is reckless about whether the conduct complies with the code of practice.
Maximum penalty: 100 penalty units.
A person commits an offence if—
a code of practice applies to the person; and
the person fails to comply with a requirement of the code of practice.
Maximum penalty: 50 penalty units.
Subsections (1) and (2) do not apply if—
a direction has been given to the person under division 5.2 (Directions) about the requirement; and
the person has complied with the direction.
The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
An offence against subsection (2) is a strict liability offence.
This Act’s bill:Explanatory statementSecond reading speech
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