Document ID: chunk:federal_register_of_legislation:C2024C00742:clause:3a_85
Version: federal_register_of_legislation:C2024C00742
Segment Type: clause
Provision Reference: sch 3A cl 85
Character Range: 1644558–1645482

85  Breaching conditions of a permit
 (1) A carrier commits an offence if:
 (a) the carrier holds a permit under this Part authorising the installation of a submarine cable; and
 (b) the carrier, or a person acting on behalf of the carrier, engages in conduct; and
 (c) the conduct breaches a condition of the permit.
Penalty: 100 penalty units.
 (2) A proceeding for an offence committed by a person against subclause (1) must not be commenced without the written consent of the Attorney‑General if:
 (a) the person is a foreign national; and
 (b) the offence involved an act or omission outside Australia; and
 (c) the offence did not involve an Australian ship.
 (3) In deciding whether to consent under subclause (2), the Attorney‑General must have regard to the obligations of Australia under international law, including obligations under any agreement between:
 (a) Australia; and
 (b) another country or countries.