Document ID: chunk:federal_register_of_legislation:C2008A00125:clause:6_38ba
Version: federal_register_of_legislation:C2008A00125
Segment Type: clause
Provision Reference: sch 6 cl 38BA
Character Range: 173082–175519

38BA  Conduct in zone: offence

Conduct prohibited or done without required permission

 (1) A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct is engaged in in a zone; and
 (c) under the zoning plan for the zone, the conduct:
 (i) is prohibited; or
 (ii) requires permission; and

Note: Prohibited is defined in subsection 3(1).
 (d) if the conduct requires permission—the person is not authorised to engage in the conduct by:
 (i) a permission granted under the regulations for the purposes of the zoning plan; or
 (ii) an authority given in accordance with a condition of a permission referred to in subparagraph (i).

Penalty:
 (a) for an aggravated offence—imprisonment for 3 years or 2,000 penalty units, or both; or
 (b) in any other case—1,000 penalty units.

Note: See also Division 8.

 (2) Strict liability applies to paragraphs (1)(b), (c) and (d).

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

Conduct prohibited or done without required permission: strict liability

 (3) A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct is engaged in in a zone; and
 (c) under the zoning plan for the zone, the conduct:
 (i) is prohibited; or
 (ii) requires permission; and

Note: Prohibited is defined in subsection 3(1).
 (d) if the conduct requires permission—the person is not authorised to engage in the conduct by:
 (i) a permission granted under the regulations for the purposes of the zoning plan; or
 (ii) an authority given in accordance with a condition of a permission referred to in subparagraph (i).

Penalty: 60 penalty units.

 (4) Strict liability applies to subsection (3).

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

Defence—prescribed circumstances

 (5) Subsections (1) and (3) do not apply if circumstances prescribed by the regulations for the purposes of this subsection exist in relation to the conduct. Any circumstances prescribed must relate to:
 (a) conduct engaged in during the period of 120 days after the day on which the zoning plan, or an amendment of the zoning plan, commenced; or
 (b) conduct engaged in after the end of that period if the person had applied for a permission for the purposes of the zoning plan during that period.

Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code.