Document ID: chunk:federal_register_of_legislation:C2025C00179:section:128
Version: federal_register_of_legislation:C2025C00179
Segment Type: section
Provision Reference: s 128
Character Range: 181691–183121

128  Remedial directions—compliance
 (1) A person contravenes this subsection if:
 (a) the person is subject to a direction under:
 (i) section 126 (remedial directions by the Regulator); or
 (ii) section 127 (remedial directions by the Minister); and
 (b) the person engages in conduct; and
 (c) the person's conduct breaches the direction.

Fault‑based offence
 (2) A person commits an offence if the person contravenes subsection (1).
Penalty: 5 years imprisonment or 2,000 penalty units, or both.

Strict liability offence
 (3) A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 100 penalty units.

Civil penalty provision
 (4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 525 penalty units.

Continuing offences and continuing contraventions of civil penalty provisions
 (5) The maximum penalty for each day that an offence under subsection (2) or (3) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: Subsections (2) and (3) are continuing offences under section 4K of the Crimes Act 1914.
 (6) The maximum civil penalty for each day that a contravention of subsection (4) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: Subsection (4) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.