Document ID: chunk:federal_register_of_legislation:C2021C00345:clause:4_160:p2
Version: federal_register_of_legislation:C2021C00345
Segment Type: clause
Provision Reference: sch 4 cl 160 (pt 2/2)
Character Range: 91729–93029

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;
the person must not contravene the obligation.
Civil penalty: 500 penalty units.
 (8) The maximum civil penalty for each day that a contravention of subsection (7) continues is 10% of the maximum civil penalty that can be imposed in respect of a contravention of that subsection.
Note: Subsection (7) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.
 (9) If:
 (a) a person is subject to an obligation imposed by the equipment rules; and
 (b) the obligation is an obligation to keep or retain records;
the person must not contravene the obligation.
Civil penalty: 30 penalty units.
 (10) If a person is the holder of a permit, the person must not contravene a condition of the permit.
Civil penalty: 100 penalty units.
 (11) Subsection (10) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).