Document ID: chunk:federal_register_of_legislation:C2024C00492:section:2:p15
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 2 (pt 15/45)
Character Range: 691507–694000

failure to do the act constitutes an offence; and
 (c) a person is or has been convicted of a primary substantive offence in relation to failure to do the act;
then:
 (d) the obligation to do the act continues, despite the conviction, until the act is done; and
 (e) subsections (3) and (4) apply.
 (3) If:
 (a) at a particular time, a person is or was first convicted of a substantive offence, or is or was convicted of a second or subsequent substantive offence, in relation to failure to do the act; and
 (b) the failure to do the act continued after that time;
then:
 (c) the person, in relation to failure to do the act, commits a further offence in respect of so much of the period throughout which the failure to do the act continued or elapsed after that time and before the relevant day in relation to the further offence; and
 (d) for the purposes of this Act and of the Crimes Act 1914, the further offence is taken to be constituted by failure to do the act during so much of that period as so elapsed.
 (4) If:
 (a) the provision referred to in paragraph (1)(a) or (2)(a), as the case may be, provides or provided that:
 (i) an officer or employee of a body corporate; or
 (ii) a person;
  who is or was in default, or is or was involved in a contravention constituted by the failure to do the act, commits or committed an offence or contravenes or contravened a provision of this Act; and
 (b) throughout a particular period (the relevant period):
 (i) the failure to do the act continued; and
 (ii) a person (the derivative offender) is or was in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the failure to do the act; and
 (iii) if subparagraph (a)(i) applies—the derivative offender is or was an officer or employee of the body;
then:
 (c) if either or both of the following events occurs or occur:
 (i) a person is or was convicted, before or during the relevant period, of a primary substantive offence in relation to failure to do the act;
 (ii) the derivative offender is or was convicted, before or during the relevant period, of a primary derivative offence in relation to failure to do the act;
  the derivative offender, in relation to failure to do the act, commits an offence (the relevant offence) in respect of so much (if any) of the relevant period as elapsed:
 (iii) after the conviction referred to in subparagraph (i) or (ii), or after the earlier of the convictions referred to in subparagraphs (i) and (ii), as the