Document ID: chunk:federal_register_of_legislation:C2008A00125:clause:6_38bc
Version: federal_register_of_legislation:C2008A00125
Segment Type: clause
Provision Reference: sch 6 cl 38BC
Character Range: 176872–177582

38BC  Conduct in zone without required notice: offence

 (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) the zoning plan for the zone requires that notice must be given to a specified body before the conduct is engaged in; and
 (d) the person failed to give the specified body notice in accordance with the zoning plan before engaging in the conduct.

Penalty: 200 penalty units.

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

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

 (3) The fault element for paragraph (1)(d) is negligence.

Note: For negligence, see section 5.5 of the Criminal Code.