Document ID: chunk:federal_register_of_legislation:C2025C00185:section:1314:p1
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 1314 (pt 1/3)
Character Range: 5476655–5479056

1314  Continuing offences
 (1) Where:
 (a) by or under a provision, an act is or was required to be done within a particular period or before a particular time; and
 (b) failure to do the act within that period or before that time constitutes an offence; and
 (c) the act is not done within that period or before that time;
then:
 (d) the obligation to do the act continues, after that period has ended or that time has passed, and whether or not a person is or has been convicted of a primary substantive offence in relation to failure to do the act, until the act is done; and
 (e) subsections (3) and (4) apply.
 (2) Where:
 (a) by or under a provision, an act is or was required to be done but neither a period nor a time for the doing of the Act is or was specified; and
 (b) 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) Where:
 (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 is, in relation to failure to do the act, guilty of 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) Where:
 (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, is or was guilty of an offence or contravenes or contravened a provision of this Act; and
 (b) throughout a particular period (in this subsection called the relevant period):
 (i) the failure to do the act continued; and
 (ii) a person (in this subsection called the derivative offender) is or was