Document ID: chunk:federal_register_of_legislation:C2004A03231:schedule:1:p19
Version: federal_register_of_legislation:C2004A03231
Segment Type: schedule
Provision Reference: sch 1 (pt 19/23)
Character Range: 267169–269725

a primary derivative offence in relation to failure to do the act,
    the derivative offender is, in relation to failure to do the act, guilty of an offence (in this paragraph referred to as the 'relevant offence') in respect of so much (if any) of the relevant period as elapses—
         (iii) after the conviction referred to in sub-paragraph (i) or (ii), or after the earlier of the convictions referred to in sub-paragraphs (i) and (ii), as the case may be; and
         (iv) before the relevant day in relation to the relevant offence; and
     (d) in a case where, at a particular time during the relevant period, the derivative offender is first convicted of a secondary derivative offence, or is convicted of a second or subsequent secondary derivative offence, in relation to failure to do the act—the derivative offender is, in relation to failure to do the act, guilty of a further offence in respect of so much of the relevant period as elapses after that time and before the relevant day in relation to the further offence.
"(5) Notwithstanding sub-section 141 (6), where a person is guilty, by virtue of sub-section (3) or (4) of this section, of an offence in respect of the whole or a part of a particular period, the penalty applicable to the offence is a fine of the amount obtained by multiplying $50 by the number of days in that period, or in that part of that period, as the case may be.
"(6) In this section—
     'act' includes thing;
     'primary derivative offence', in relation to failure to do an act, means an offence (other than an offence of which a person is guilty by virtue of

     this section) of which a person is guilty by virtue of being an officer of a body corporate who is in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the commission by the body corporate of a primary substantive offence in relation to failure to do the act;
     'primary substantive offence', in relation to failure to do an act, means an offence (other than an offence of which a person is guilty by virtue of this section) constituted by failure to do the act, or by failure to do the act within a particular period or before a particular time;
     'provision' means a section, or a sub-section of a section, of this Act;
     'relevant day', in relation to an offence of which a person is guilty by virtue of this section, means—
         (a) in a case where the information relating to the offence specifies a day in relation to the offence for the purposes of this section, being a day not