Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_74aa:p1
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 74AA (pt 1/2)
Character Range: 72827–75360

74AA  Offence of taking action before decision made in relation to referral etc.

Referral made: taking action while decision making process still going on

 (1) A person commits an offence if:
 (a) the person takes an action; and
 (b) either:
 (i) a proposal to take the action (or a larger action of which the action is a component) has been referred to the Minister by the person under section 68; or
 (ii) a proposal to take the action (or a larger action of which the action is a component) has been referred to the Minister under section 69 or 71 and the person has been informed of the referral under section 73; and
 (c) the referral has not been withdrawn under section 170C; and
 (d) the Minister has not decided under subsection 74A(1) not to accept the referral; and
 (e) provisions of this Chapter are not stopped by Division 1A from applying in relation to the referral; and
 (f) provisions of this Chapter are not stopped by section 155 from applying because of the referral in relation to the action (or a larger action of which the action is a component); and
 (g) no decision that the action (or a larger action of which the action is a component) is not a controlled action is in operation under section 75 in relation to the referral; and
 (h) no decision is in operation under Part 9 in relation to the referral approving, or not approving, the taking of the action (or a larger action of which the action is a component).

Penalty: 500 penalty units.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

 (2) Subsection (1) does not apply to the taking of an action by a person if:
 (a) the taking of the action is reasonably necessary in order to comply with a requirement or request made under this Part or Part 8 or 9 in relation to the action (or a larger action of which the action is a component); and
 (b) before taking the action, the person gave the Minister written notice of the taking of the action; and
 (c) the notice was given in accordance with any applicable requirements of the regulations.

Note: A defendant bears an evidential burden in relation to the matters in subsection (1): see subsection 13.3(3) of the Criminal Code.

Referral requested: taking action before requested referral is made

 (3) A person commits an offence if:
 (a) the person takes an action; and
 (b) the Minister, under section 70, has requested the referral by the person of a proposal to take the action (or a larger action of which the action is a component) to the