Document ID: chunk:federal_register_of_legislation:C2025C00022:section:163
Version: federal_register_of_legislation:C2025C00022
Segment Type: section
Provision Reference: s 163
Character Range: 300030–301338

163  Varied approved arrangement must not be implemented unless variation approved etc.
 (1) The holder of an approved arrangement contravenes this subsection if:
 (a) a variation of the approved arrangement, or of the conditions of the approved arrangement, referred to in subsection 161(1) is implemented; and
 (b) either:
 (i) the variation has not been approved under paragraph 161(2)(a) or 161(2)(ab); or
 (ii) the variation has been approved under paragraph 161(2)(a) or 161(2)(ab) but the Secretary has not given the holder notice of the approval under section 162.
Note 1: The physical elements of an offence against subsection (2) are set out in this subsection (see section 370).
Note 2: The Secretary may suspend or revoke the approved arrangement if the holder contravenes this subsection (see paragraphs 171(1)(k) and 179(1)(k)).

Fault‑based offence
 (2) The holder of an approved arrangement commits an offence if the holder contravenes subsection (1).
Penalty: Imprisonment for 2 years or 120 penalty units, or both.

Civil penalty provision
 (3) The holder of an approved arrangement is liable to a civil penalty if the holder contravenes subsection (1).
Civil penalty: 240 penalty units.

Subdivision C—Matters relating to whether proposed variation of approved arrangement is significant