Directions by Minister
71 Directions by Minister
(1) The Minister may, by notice served on a permittee or licensee, give to the permittee or licensee directions as to any matter in relation to which regulations may be made under this Act.
(1A) A direction under subsection (1) may apply, adopt or incorporate a standard, code or other document as in force or existing at a particular time or as in force from time to time.
(2) Despite anything to the contrary in the Regulations, a permittee or licensee must comply with a direction under subsection (1) and, to the extent to which the Regulations are inconsistent with the direction, the permittee or licensee to whom the direction is given is not obliged to comply with the Regulations.
A person commits an offence if:
the person is a permittee or licensee; and
(b) the permittee or licensee is given a direction under subsection (1); and
the permittee or licensee intentionally engages in conduct; and
(d) the conduct results in a contravention of the direction and the permittee or licensee is reckless in relation to that result.
Maximum penalty: 3 000 penalty units.
Strict liability applies to subsection (3)(a) and (b).
(5) A permittee or licensee commits an offence if the permittee or licensee is given a direction under subsection (1) and the permittee or licensee contravenes the direction.
Maximum penalty: 200 penalty units.
(6) An offence against subsection (5) is an offence of strict liability.
(7) It is a defence to a prosecution for an offence against subsection (3) or (5) if the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence.
(8) The defendant has a legal burden of proof in relation to a matter mentioned in subsection (7).
This provision refers to the regulations (the Regulations
). Made under this Act:
This Act’s bill:Second reading speech
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