Document ID: chunk:federal_register_of_legislation:C2012A00090:clause:1_13aj
Version: federal_register_of_legislation:C2012A00090
Segment Type: clause
Provision Reference: sch 1 cl 13AJ
Character Range: 21924–23479

13AJ  Non‑compliance with conditions
 (1) A non‑State operator contravenes this subsection if:
 (a) the operator holds a safety approval in relation to an activity; and
 (b) a person carries on the activity; and
 (c) the conditions imposed on the approval are not complied with.
 (2) Subsection (1) does not apply if:
 (a) the activity is carried on in an emergency:
 (i) to save a person from death or serious injury; or
 (ii) to secure the safety of a ship or aircraft, or the safety of equipment or facilities of high value; or
 (iii) to protect the environment; or
 (b) the non‑State operator is authorised to carry on the activity under a law of a Contracting Party.

Offence
 (3) A non‑State operator commits an offence if the operator contravenes subsection (1). The physical elements of the offence are set out in that subsection.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
Note: The defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3) of the Criminal Code.

Civil penalty provision
 (4) A non‑State operator is liable to a civil penalty if the operator contravenes subsection (1).
Civil penalty: 500 penalty units.
Note: It is not necessary to prove a person's state of mind in proceedings for a contravention of a civil penalty provision, except in limited circumstances (see section 22N).
 (5) A non‑State operator who wishes to rely on subsection (2) in proceedings for a civil penalty order bears an evidential burden in relation to the matters in that subsection.