Document ID: chunk:federal_register_of_legislation:C2024C00463:section:28:p2
Version: federal_register_of_legislation:C2024C00463
Segment Type: section
Provision Reference: s 28 (pt 2/2)
Character Range: 121292–123042

(within the meaning of the regulations) in the person's possession, custody or control.

Changing approval conditions
 (2) After giving the approval, the Minister may impose a new approval condition by giving the person notice of the condition. The notice must include the reasons for imposing the new condition.
 (3) The Minister may remove or vary a condition of the approval imposed under paragraph (1)(a) or subsection (2) by giving the person notice of the removal or variation. For a variation of a condition, the notice must include the reasons for the variation.
Note 1: Section 67 deals with giving notices under this Act.
Note 2: Section 68 deals with disclosing reasons for decisions.

Ordinary offence
 (4) A person commits an offence if:
 (a) the person is the holder of an approval under section 27; and
 (b) the person does an act or omits to do an act; and
 (c) the act or omission breaches a condition of the approval; and
 (d) the condition is one covered by paragraph (1)(c), (d), (e) or (f) of this section.
Penalty: 600 penalty units.

Strict liability offence
 (5) A person commits an offence if:
 (a) the person is the holder of an approval under section 27; and
 (b) the person does an act or omits to do an act; and
 (c) the act or omission breaches a condition of the approval.
Penalty: 300 penalty units.
 (6) An offence against subsection (5) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

Geographical jurisdiction
 (7) Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against subsection (4) or (5).

Notice not a legislative instrument
 (8) A notice under subsection (2) or (3) is not a legislative instrument.