Document ID: chunk:federal_register_of_legislation:C2025C00015:section:520:p2
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 520 (pt 2/2)
Character Range: 817791–818760

under Part 4 of the Regulatory Powers Act to have a civil penalty order made against the person for a contravention of a civil penalty provision of this Act if he or she carries out the conduct constituting the contravention in response to circumstances of sudden or extraordinary emergency.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).
 (6) Subsection (5) applies if and only if the person carrying out the conduct reasonably believes that:
 (a) circumstances of sudden or extraordinary emergency exist; and
 (b) contravening the provision is the only reasonable way to deal with the emergency; and
 (c) the conduct is a reasonable response to the emergency.

Relationship with Regulatory Powers Act
 (7) Subsections (1), (2), (3), (4), (5) and (6) have effect despite Part 4 of the Regulatory Powers Act.

Division 3—Civil penalties for executive officers of bodies corporate