Remedial directions—compliance
587B Remedial directions—compliance
Basic rule
A person contravenes this subsection if:
the person is subject to a remedial direction; 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.
For the purposes of applying Chapter 2 of the Criminal Code to the offence in subsection (2), the physical elements of the offence are set out in subsection (1).
Chapter 2 of the Criminal Code sets out general principles of criminal responsibility.
Strict liability offence
A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 100 penalty units.
For strict liability, see section 6.1 of the Criminal Code.
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 (4) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Subsections (2) and (4) are continuing offences under section 4K of the Crimes Act 1914.
The maximum civil penalty for each day that a contravention of subsection (5) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Subsection (5) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.
Remedial directions
In this section:
remedial direction means a direction under any of the following provisions:
section 586 (directions in relation to current titles—NOPSEMA direction);
section 586A (directions in relation to current titles—responsible Commonwealth Minister direction);
section 587 (directions in relation to titles that have ceased to be in force in whole or part—NOPSEMA direction);
section 587A (directions in relation to titles that have ceased to be in force in whole or part—responsible Commonwealth Minister direction).
NOPSEMA may do anything required to be done under a direction under section 587 in the event of a breach of the direction (see section 588).
The responsible Commonwealth Minister may do anything required to be done under a direction under section 587A in the event of a breach of the direction (see section 590A).
This Act’s bill:Explanatory memorandumSecond reading speech
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