Document ID: chunk:federal_register_of_legislation:C2024C00823:section:160:p1
Version: federal_register_of_legislation:C2024C00823
Segment Type: section
Provision Reference: s 160 (pt 1/2)
Character Range: 401890–404500

160  Breach of equipment rules and permit conditions

Offence
 (1) A person commits an offence if:
 (a) the person is subject to a prohibition imposed by the equipment rules; and
 (b) the prohibition does not consist of contravening a condition of a permit; and
 (c) the person engages in conduct; and
 (d) the person's conduct contravenes the prohibition.
Penalty: 500 penalty units.
 (2) A person commits an offence if:
 (a) the person is subject to an obligation imposed by the equipment rules; and
 (b) the obligation is not an obligation to do an act or thing:
 (i) within a particular period; or
 (ii) before a particular time; and
 (c) the obligation is not an obligation to keep or retain records; and
 (d) the obligation is not an obligation to comply with a condition of a permit; and
 (e) the person engages in conduct; and
 (f) the person's conduct contravenes the obligation.
Penalty: 500 penalty units.
 (3) A person commits an offence if:
 (a) the person is subject to an obligation imposed by the equipment rules; and
 (b) the obligation is an obligation to do an act or thing:
 (i) within a particular period; or
 (ii) before a particular time; and
 (c) the obligation is not an obligation to keep or retain records; and
 (d) the obligation is not an obligation to comply with a condition of a permit; and
 (e) the person engages in conduct; and
 (f) the person's conduct contravenes the obligation.
Penalty: 500 penalty units.
 (4) The maximum penalty for each day that an offence against subsection (3) continues is 10% of the maximum penalty that could be imposed in respect of the principal offence.

Civil penalties
 (5) If:
 (a) a person is subject to a prohibition imposed by the equipment rules; and
 (b) the prohibition does not consist of contravening a condition of a permit;
the person must not contravene the prohibition.
Civil penalty: 500 penalty units.
 (6) If:
 (a) a person is subject to an obligation imposed by the equipment rules; and
 (b) the obligation is not an obligation to do an act or thing:
 (i) within a particular period; or
 (ii) before a particular time; and
 (c) the obligation is not an obligation to keep or retain records; and
 (d) the obligation is not an obligation to comply with a condition of a permit;
the person must not contravene the obligation.
Civil penalty: 500 penalty units.
 (7) If:
 (a) a person is subject to an obligation imposed by the equipment rules; and
 (b) the obligation is an obligation to do an act or thing:
 (i) within a particular period; or
 (ii) before a particular time; and
 (c) the obligation is not an obligation to keep