Document ID: chunk:federal_register_of_legislation:C2005C00502:clause:1_128a
Version: federal_register_of_legislation:C2005C00502
Segment Type: clause
Provision Reference: sch 1 cl 128A
Character Range: 94704–95991

128A  Continuing offences

 (1) This section applies to an offence under section 7A, 9, 10, 14, 20, 28, 37 or 49P.

 (2) If APRA considers that a person has done an act or failed to do an act in circumstances that give rise to the commission of an offence to which this section applies, APRA may give the person a written notice that APRA considers the person may have committed the offence.

 (3) A person:
 (a) who does an act or fails to do an act in circumstances that give rise to the commission of an offence to which this section applies; and
 (b) receives a notice under subsection (2) in respect of the offence;
also commits the offence in respect of each day, after the person receives the notice, on which the circumstances that gave rise to the commission of the offence continue (including the day of conviction for the offence or any later day).

Note 1: This section does not affect the application of section 4K of the Crimes Act 1914 to offences against this Act or the regulations.

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

Note 3: If a body corporate is convicted of an offence against this section, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of up to 5 times the penalty above.