Offences
72 Offences
Proceedings for an offence against this Act may only be commenced by—
the
Minister; or
the
Director of Public Prosecutions; or
an industry board; or
a person acting with the written authorisation of the Minister.
A prosecution for an offence against this Act must be commenced within
3 years after the day on which the offence is alleged to have been committed or, with the authorisation of the Attorney‑General, at any later time within 6 years after the day on which the offence is alleged to have been committed.
An apparently genuine document purporting to be signed by the
Attorney‑General and to authorise the commencement of proceedings for an offence against this Act will be accepted in any legal proceedings, in the absence of proof to the contrary, as proof of the authorisation.
If, in proceedings for an offence against this Act, the court finds that the defendant has contravened this Act, the court may, in addition to any penalty that it may impose—
order the defendant to take specified action to make good the contravention in a manner, and within a period, specified by the court; or
order the defendant to furnish or make available to an industry board, within a period specified by the court, such information or records as the board may reasonably require for the purposes of this Act.
A person to whom an order is given under subsection (4) who fails to comply with the order within the time specified in the order, or such further time as the court, on application, allows, is guilty of an offence.
Maximum criminal penalty: $10 000.
Maximum civil penalty: $10 000.
This Act’s bill:Second reading speech
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