Document ID: chunk:federal_register_of_legislation:C2004A00803:clause:1_21
Version: federal_register_of_legislation:C2004A00803
Segment Type: clause
Provision Reference: sch 1 cl 21
Character Range: 10767–11642

21  Subsection 25(1)
Repeal the subsection, substitute:

 (1) A person is guilty of an offence if:
 (a) the person engages in conduct; and
 (b) the conduct:
 (i) contravenes a condition, or fails to observe a restriction, subject to which a permit or authority is granted; or
 (ii) contravenes a direction given or an order made under section 73.

Penalty:
 (a) if the offender is a natural person—a fine not exceeding $5,000 or imprisonment for a period not exceeding 2 years, or both; or
 (b) if the offender is a body corporate—a fine not exceeding $25,000.

 (1A) Subsection (1) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (1A). See subsection 13.3(3) of the Criminal Code.

 (1B) In subsection (1):

engage in conduct means:
 (a) do an act; or
 (b) omit to perform an act.