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COMMONWEALTHAct
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s 166

Failing to comply with enforcement notice

In force
Volume 1Parts 1 to 10A (sections 1 to 239W)
Part 8Enforcement
Division 7Enforcement notices

166 Failing to comply with enforcement notice

(1)

A person contravenes this subsection if:

(a)

the person has been given a notice under subsection 165(2); and

(b)

the person fails to comply with the direction in the notice.

Strict liability offence

(2)

A person commits an offence of strict liability if the person contravenes subsection (1).

Note:

See section 170A in relation to the physical elements of the offence.

Penalty: 30 penalty units.

(3)

A person who contravenes subsection (1) commits a separate offence in respect of each day (including a day the person is convicted of the offence or any later day) during which the contravention continues.

Civil penalty provision

(4)

A person is liable to a civil penalty if the person contravenes subsection (1).

Note:

In proceedings against a person for a contravention of a civil penalty provision, it is generally not necessary to prove the person’s state of mind (see section 154C).

Civil penalty: 600 penalty units.

(5)

A person who contravenes subsection (1) commits a separate contravention of that subsection in respect of each day (including a day a relevant pecuniary penalty order is made against the person or any subsequent day) during which the contravention continues.

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