Remedial directions—compliance
128 Remedial directions—compliance
A person contravenes this subsection if:
the person is subject to a direction under:
section 126 (remedial directions by the Regulator); or
section 127 (remedial directions by the Minister); and
the person engages in conduct; and
the person’s conduct breaches the direction.
Fault‑based offence
A person commits an offence if the person contravenes subsection (1).
Penalty: 5 years imprisonment or 2,000 penalty units, or both.
Strict liability offence
A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 100 penalty units.
Civil penalty provision
A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 525 penalty units.
Continuing offences and continuing contraventions of civil penalty provisions
The maximum penalty for each day that an offence under subsection (2) or (3) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Subsections (2) and (3) are continuing offences under section 4K of the Crimes Act 1914.
The maximum civil penalty for each day that a contravention of subsection (4) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Subsection (4) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.
This Act’s bill:Explanatory memorandumSecond reading speech
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