Document ID: chunk:federal_register_of_legislation:C2024C00828:clause:2a_12
Version: federal_register_of_legislation:C2024C00828
Segment Type: clause
Provision Reference: sch 2A cl 12
Character Range: 2115361–2117137

12  Environmental inspections—tampering with and removing notices

Tampering with notice
 (1) A person must not tamper with any notice that has been displayed under subclause 8(16), 9(3) or (3A), 11(2), 11B(3) or 11D(6) while that notice is so displayed.

Removal of notice
 (1A) If a notice has been displayed under subclause 8(16), a person must not remove the notice until the thing to which the notice relates is returned under subclause 8(19).
 (2) If a notice has been displayed under subclause 9(3), a person must not remove the notice until the plant, substance or thing to which the notice relates is returned to the premises from which it was removed.
 (2A) If a notice has been displayed under subclause 9(3A), a person must not remove the notice until the plant, substance or thing to which the notice relates is returned to a representative of the occupier of the premises from which it was removed.
 (3) If a notice has been displayed under subclause 11(2), 11B(3) or 11D(6) a person must not remove the notice before the notice has ceased to have effect.

Offence
 (4) A person commits an offence if:
 (a) the person is subject to a requirement under subclause (1), (1A), (2), (2A) or (3); and
 (b) the person engages in conduct; and
 (c) the conduct breaches the requirement.
Penalty: 50 penalty units.
 (5) Subclause (4) does not apply if the person has a reasonable excuse.
Note 1: A defendant bears an evidential burden in relation to the matter in subclause (5)—see subsection 13.3(3) of the Criminal Code.
Note 2: See also Part 2.3 of the Criminal Code (circumstances in which there is no criminal responsibility).
 (6) An offence against subclause (4) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.