Document ID: chunk:federal_register_of_legislation:C2004C01260:clause:2_7
Version: federal_register_of_legislation:C2004C01260
Segment Type: clause
Provision Reference: sch 2 cl 7
Character Range: 89457–90237

7  At the end of section 601FD
Add:

 (3) A person who contravenes, or is involved in a contravention of, subsection (1) contravenes this subsection.

Note 1: Section 79 defines involved.

Note 2: Subsection (3) is a civil penalty provision (see section 1317E).

 (4) A person must not intentionally or recklessly contravene, or be involved in a contravention of, subsection (1).

 (5) For the purposes of subsection (4), a person is taken to be reckless if:
 (a) the person is aware of a substantial risk that anything done or not done by the person will constitute a contravention of subsection (4); and
 (b) having regard to the circumstances known to the person, it is unjustifiable to take the risk.

 (6) The question whether taking a risk is unjustifiable is one of fact.