Breach of permission conditions—indictable offence
63 Breach of permission conditions—indictable offence
S. 63 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).
A person must not breach a condition of a licence issued to the person.
Penalty: In the case of a natural person, 2000 penalty units;
In the case of a body corporate, 10 000 penalty units.
Note
Section 314 provides that subsection (1) is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 314.
A person must not breach a condition of a permit issued to the person.
Penalty: In the case of a natural person, 1000 penalty units;
In the case of a body corporate, 5000 penalty units.
Note
Section 314 provides that subsection (2) is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 314.
A person must not breach a condition of a registration granted to the person.
Penalty: In the case of a natural person, 500 penalty units;
In the case of a body corporate, 2500 penalty units.
Note
Section 314 provides that subsection (3) is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 314.
Subsections (1), (2) and (3) do not apply to a breach of—
a condition that is prescribed for the purposes of section 64; or
a condition included in a class of conditions that is prescribed for the purposes of section 64; or
a condition in circumstances prescribed for the purposes of section 64.
An offence under subsection (1), (2) or (3) is an indictable offence.
Note
These offences may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).
This Act’s bill:Explanatory memorandumSecond reading speech
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