Document ID: chunk:federal_register_of_legislation:C2008C00368:clause:3_318
Version: federal_register_of_legislation:C2008C00368
Segment Type: clause
Provision Reference: sch 3 cl 318
Character Range: 93385–94032

318  After subsection 45(4A)
Insert:

 (4B) Where:
 (a) a person is convicted of an offence against subsection (4) because the person engaged in activities in contravention of paragraph (1)(aa) or (ba) at a particular time; and
 (b) the court before which the person is convicted is satisfied that if a licence under subsection 19(4A) authorising the activities had been in force at that time, the licence would have been a leviable licence;
the court may, in addition to imposing a penalty on the person, order the person to pay to the Commonwealth an amount not exceeding the amount that is the relevant levy amount in relation to the licence.