Document ID: chunk:federal_register_of_legislation:C2006A00120:clause:1_138
Version: federal_register_of_legislation:C2006A00120
Segment Type: clause
Provision Reference: sch 1 cl 138
Character Range: 13122–14383

138  Breach of remedial direction—offences

 (1) A person commits an offence if:
 (a) the person has been given a notice under section 137; and
 (b) the notice relates to a breach of section 136A; and
 (c) the person engages in conduct; and
 (d) the person's conduct contravenes a requirement in the notice.

Penalty: 20,000 penalty units.

 (2) A person commits an offence if:
 (a) the person has been given a notice under section 137; and
 (b) the notice relates to a breach of section 136B or 136C; and
 (c) the person engages in conduct; and
 (d) the person's conduct contravenes a requirement in the notice.

Penalty: 2,000 penalty units.

 (3) A person commits an offence if:
 (a) the person has been given a notice under section 137; and
 (b) the notice relates to a breach of section 136D or 136E; and
 (c) the person engages in conduct; and
 (d) the person's conduct contravenes a requirement in the notice.

Penalty: 50 penalty units.

 (4) A person who contravenes subsection (1), (2) or (3) commits a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the contravention continues.

 (5) In this section:

engage in conduct means:
 (a) do an act; or
 (b) omit to perform an act.