Document ID: chunk:federal_register_of_legislation:C2024A00091:section:77:p2
Version: federal_register_of_legislation:C2024A00091
Segment Type: section
Provision Reference: s 77 (pt 2/2)
Character Range: 113457–114759

subsection (1); and
 (b) the person fails to comply with the improvement notice within the period specified in the notice (including as extended under paragraph (3)(b)).
Penalty: 60 penalty units.

Fault‑based offence
 (8) A person commits an offence if:
 (a) the person is given an improvement notice under subsection (1); and
 (b) the person engages in conduct that results in the person failing to comply with the improvement notice within the period specified in the notice (including as extended under paragraph (3)(b)); and
 (c) the person knows that the conduct will have that result.
Penalty: 222 penalty units.

Exception
 (9) Subsections (7) and (8) do not apply if the person did not have control over the matter in relation to which the improvement notice was not complied with.
Note: A defendant bears an evidential burden in relation to the matter in subsection (9) (see subsection 13.3(3) of the Criminal Code).

Instruments are not legislative instruments
 (10) The following are not legislative instruments:
 (a) an improvement notice under subsection (1);
 (b) a notification under subsection (5) (if given in writing) of the matter referred to in that subsection;
 (c) a notice under subsection (6) (if given in writing) informing a person of a matter referred to in that subsection.