Document ID: chunk:federal_register_of_legislation:C2025C00189:section:60fd:p2
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 60FD (pt 2/2)
Character Range: 1100423–1101896

subject to a requirement under subsection (2) or (4); and
 (b) the entity is capable of complying with the requirement; and
 (c) the entity omits to do an act; and
 (d) the omission breaches the requirement.
Penalty: 500 penalty units.
 (6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (7) If subsection (5) of this section applies to an individual (whether or not because of subsection 6(2)), subsection (5) of this section has effect, in relation to the individual, as if the reference to 500 penalty units were a reference to 40 penalty units.
 (8) If subsection (2) of this section applies to an individual (whether or not because of subsection 6(2)), the individual is excused from giving an estimate or information under subsection (2) of this section on the ground that the estimate or information might tend to incriminate the individual or expose the individual to a penalty.

Section does not limit section 60H
 (9) This section does not limit section 60H (which is about the price‑related information‑gathering powers of the Commission).

Section does not limit section 155
 (10) This section does not limit section 155 (which is about the general information‑gathering powers of the Commission).

Report to Parliament
 (11) Within 13 months after the Royal Assent day, the Commission must report to Parliament in respect of compliance by all entities.

Division 2C—Statements for customers