Offence of licensee failing to comply with Commission's direction
268 Offence of licensee failing to comply with Commission's direction
A person commits an offence if the person:
is a licensee or an agent or employee of a licensee; and
(b) is given a direction by the Commission under section 168(1), 182(2), 213(1), 214(1), 224(2)(b), 226(2)(d) or 255(1); and
(c) fails to take all reasonable steps to ensure that the direction is complied with.
Maximum penalty: 50 penalty units.
(2) An offence against subsection (1) is an offence of strict liability.
(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant has a reasonable excuse.
Note for subsection (3)
The defendant has an evidential burden in relation to this defence (see section 43BU of the Criminal Code).
(4) An inspector may, in writing to the Director, request an investigation under section 225A against the licensee regarding conduct alleged under this section.
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