Failure to comply with approved code of practice
61 Failure to comply with approved code of practice
A person commits an offence if—
an approved 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 approved code of practice; and
the person is reckless about whether the conduct complies with the approved code of practice.
Maximum penalty: 100 penalty units.
A person commits an offence if—
an approved code of practice applies to the person; and
the person fails to comply with a requirement of the approved code of practice.
Maximum penalty: 50 penalty units.
An offence against subsection (2) is a strict liability offence.
Subsections (1) and (2) do not apply if—
a written direction has been given to the person under section 62 in relation to the requirement; and
the person has complied with the direction.
Note The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58).
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