Duty to be authorised by a licence
19 Duty to be authorised by a licence
A person must not conduct a regulated activity if the person does not hold a licence authorising the person to conduct the regulated activity.
Civil penalty provision
A person is liable to a civil penalty if the person contravenes subsection (1).
It is not necessary to prove a person’s state of mind in proceedings for a contravention of a civil penalty provision, except in limited circumstances (see section 94 of the Regulatory Powers Act).
Under subsection 82(5) of the Regulatory Powers Act, the pecuniary penalty imposed for a contravention of a civil penalty provision must not be more than that specified for the provision (or, for a body corporate, not more than 5 times that specified).
Civil penalty: 5,000 penalty units.
Offence
A person commits an offence if:
the person conducts an activity; and
the activity is a regulated activity; and
the person does not hold a licence authorising the person to conduct the regulated activity.
Penalty:
for an individual—imprisonment for 6 years or 350 penalty units, or both; or
for a body corporate—14,000 penalty units.
Strict liability applies to paragraphs (3)(b) and (c).
Exception
Subsections (2) and (3) do not apply if:
the person is not the holder of a licence but is authorised by a licence to conduct the regulated activity; or
an exemption granted under section 144 applies to the person in relation to the activity.
For the purposes of subsection (2), a defendant bears an evidential burden in relation to the matter in subsection (5) (see section 96 of the Regulatory Powers Act).
For the purposes of subsection (3), a defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).
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