Document ID: chunk:federal_register_of_legislation:C2004A00815:clause:1_38cc
Version: federal_register_of_legislation:C2004A00815
Segment Type: clause
Provision Reference: sch 1 cl 38CC
Character Range: 6294–6893

38CC  Contravening conditions of permit or authority in relation to fishing—zoned area

 (1) A person is guilty of an offence if:
 (a) a permission or authority referred to in section 38CB is subject to a condition; and
 (b) the condition applies to the person; and
 (c) the person engages in conduct; and
 (d) the conduct contravenes the condition.

Penalty: 2,000 penalty units.

 (2) The fault element for paragraph (1)(d) is negligence.

Note: Section 5.5 of the Criminal Code defines negligence.

 (3) In this section:

engage in conduct means:
 (a) do an act; or
 (b) omit to perform an act.