Offence committed during licence renewal period
288 Offence committed during licence renewal period
If a person does something that is an offence under this Part but the offence was committed in extenuating circumstances as provided by subsection (2), the offence is not a crime but is triable summarily and is punishable by a fine of $5 000 instead of the penalty that would otherwise apply for the offence.
An offence is committed in extenuating circumstances if the offence —
is committed after the end of the term of the person’s Individual Licence or Collector Licence but during the renewal period for the licence provided for by subsection (3); and
would not be an offence if the licence had been renewed immediately after the end of the term of the licence.
The renewal period for a licence is the period that begins at the end of the term of the licence and ends as follows —
if an application for renewal of the licence is made within 3 months after the end of the term of the licence, the renewal period ends when the application for renewal is determined or otherwise disposed of or is withdrawn;
otherwise, the renewal period ends 3 months after the end of the term of the licence.
Note for this subsection:
Section 183 provides that proceedings (including the summary proceedings referred to in this section) cannot be brought for a possession in compliant storage offence during the renewal period.
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