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s 89Z

Offences relating to audits

In force
Part IIIGeneral provisions relating to petroleum interests
Division 9Audits

89Z Offences relating to audits

(1)

An interest holder commits an offence if:

(a)

the interest holder is issued with an audit direction; and

(b)

the interest holder intentionally engages in conduct; and

(c) the conduct results in a contravention of the audit direction and the interest holder is reckless in relation to that result.

Maximum penalty: 2 600 penalty units.

(2)

Strict liability applies to subsection (1)(a).

(3) An interest holder commits an offence if the interest holder is issued with an audit direction and the interest holder contravenes the audit direction.

Maximum penalty: 1 300 penalty units.

(4) An offence against subsection (3) is an offence of strict liability.

(5) It is a defence to a prosecution for an offence against subsection (1) or (3) if the defendant took reasonable steps and exercised due diligence to prevent the commission of the offence.

(6) The defendant has a legal burden of proof in relation to a matter mentioned in subsection (5).

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