Civil penalty—failure to comply with requirement in notice
129AAE Civil penalty—failure to comply with requirement in notice
A person referred to in paragraph 129AAD(2)(b) contravenes this section if:
the person is given a notice under section 129AAD requiring the person to do something in respect of a professional service; and
the person fails to comply with the requirement within the period specified in the notice.
Civil penalty:
for an individual—20 penalty units; and
for a body corporate—100 penalty units.
It is a defence in proceedings for a contravention of subsection (1) if:
the failure to comply is brought about by another person over whom the person has no control or by a non‑human act or event over which the person has no control; and
the person could not reasonably be expected to guard against the failure.
The defendant bears the onus of proving the matters necessary to establish the defence.
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