Offence provision for non‑compliance with a direction
66 Offence provision for non‑compliance with a direction
Accountable entity
An accountable entity contravenes this subsection if:
the accountable entity is given a direction under section 64 or 65; and
the accountable entity fails to comply with the direction.
An accountable entity commits an offence if the accountable entity contravenes subsection (1).
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
See also subsection 4B(3) (body corporate multiplier) and section 4K (continuing and multiple offences) of the Crimes Act 1914.
An accountable entity may also contravene a civil penalty provision if it fails to comply with a direction given under section 65 (see paragraph 23(1)(c) and section 80).
Penalty: 50 penalty units.
Officer of accountable entity
An officer of an accountable entity contravenes this subsection if:
the accountable entity is given a direction under section 64 or 65; and
the officer fails to take reasonable steps to ensure that the accountable entity complies with the direction; and
the officer’s duties include ensuring that the accountable entity complies with the direction; and
the accountable entity fails to comply with the direction.
An officer of an accountable entity commits an offence if the officer contravenes subsection (3).
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
See also subsection 4B(3) (body corporate multiplier) and section 4K (continuing and multiple offences) of the Crimes Act 1914.
Penalty: 50 penalty units.
This Act’s bill:Explanatory memorandumSecond reading speech
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