Document ID: chunk:federal_register_of_legislation:C2007C00653:clause:1_41mn:p2
Version: federal_register_of_legislation:C2007C00653
Segment Type: clause
Provision Reference: sch 1 cl 41MN (pt 2/2)
Character Range: 110559–112018

convict the person of an offence against subsection (8) instead: see section 53A.

 (6) A person commits an offence if:
 (a) a conformity assessment certificate is issued in respect of the person; and
 (b) the person does an act or omits to do an act; and
 (c) the act or omission breaches a condition of the conformity assessment certificate; and
 (d) the act or omission is likely to result in harm or injury to a person.

Maximum penalty: 2,000 penalty units.

 (7) Subsection (6) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

 (8) A person commits an offence if:
 (a) a conformity assessment certificate is issued in respect of the person; and
 (b) the person does an act or omits to do an act; and
 (c) the act or omission breaches a condition of the conformity assessment certificate.

Maximum penalty: Imprisonment for 12 months or 1,000 penalty units, or both.

Offence relating to breaching a condition of an exemption or approval, or a condition applicable under regulations

 (9) A person commits an offence if:
 (a) the person does an act or omits to do an act; and
 (b) the act or omission breaches:
 (i) a condition of an exemption applicable under regulations made for the purposes of section 41HA; or
 (ii) a condition of an approval under section 41HB; or
 (iii) a condition applicable under regulations made for the purposes of subsection 41HB(7).

Maximum penalty: 60 penalty units.