Document ID: chunk:federal_register_of_legislation:C2024C00451:section:146:p2
Version: federal_register_of_legislation:C2024C00451
Segment Type: section
Provision Reference: s 146 (pt 2/2)
Character Range: 143884–145759

Act or the regulations at a future time;
 (d) the severity of the suspected non‑compliance;
 (e) whether, on one or more occasions, the licence holder or the other person:
 (i) has been charged with or convicted of an offence against this Act; or
 (ii) has been given a direction under this section;
 (f) other means available to the Regulator to address the suspected non‑compliance (including, but not limited to, by cancelling, varying or suspending a licence, accreditation or certification);
 (g) whether, in the Regulator's opinion, the suspected non‑compliance was deliberate;
 (h) the desirability of deterring future non‑compliance with this Act or the regulations.
 (3) A person commits an offence if he or she does not take the steps specified in a notice under subsection (1) or (2) within the time specified in the notice.
Maximum penalty:
 (a) in the case of an aggravated offence—2,000 penalty units;
 (b) in any other case—500 penalty units.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: Aggravated offence is defined in section 38.
 (4) If the licence holder or the person, as the case requires, does not take the steps specified in the notice within the time specified in the notice, the Regulator may arrange for those steps to be taken.
 (5) If the Regulator incurs costs because of arrangements made by the Regulator under subsection (4), the licence holder or the person, as the case requires, is liable to pay to the Commonwealth an amount equal to the cost, and the amount may be recovered by the Commonwealth as a debt due to the Commonwealth in a court of competent jurisdiction.
 (6) Section 4K of the Crimes Act 1914 does not apply to an offence against subsection (3).
 (7) A time specified in a notice under subsection (1) or (2) must be reasonable having regard to the circumstances.