Document ID: chunk:federal_register_of_legislation:C2024C00828:section:587b
Version: federal_register_of_legislation:C2024C00828
Segment Type: section
Provision Reference: s 587B
Character Range: 1533530–1536088

587B  Remedial directions—compliance

Basic rule
 (1) A person contravenes this subsection if:
 (a) the person is subject to a remedial direction; and
 (b) the person engages in conduct; and
 (c) the person's conduct breaches the direction.

Fault‑based offence
 (2) A person commits an offence if the person contravenes subsection (1).
Penalty: 5 years imprisonment or 2,000 penalty units, or both.
 (3) For the purposes of applying Chapter 2 of the Criminal Code to the offence in subsection (2), the physical elements of the offence are set out in subsection (1).
Note: Chapter 2 of the Criminal Code sets out general principles of criminal responsibility.

Strict liability offence
 (4) A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 100 penalty units.
Note: For strict liability, see section 6.1 of the Criminal Code.

Civil penalty provision
 (5) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 525 penalty units.

Continuing offences and continuing contraventions of civil penalty provisions
 (5A) The maximum penalty for each day that an offence under subsection (2) or (4) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: Subsections (2) and (4) are continuing offences under section 4K of the Crimes Act 1914.
 (5B) The maximum civil penalty for each day that a contravention of subsection (5) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: Subsection (5) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.

Remedial directions
 (6) In this section:
remedial direction means a direction under any of the following provisions:
 (a) section 586 (directions in relation to current titles—NOPSEMA direction);
 (b) section 586A (directions in relation to current titles—responsible Commonwealth Minister direction);
 (c) section 587 (directions in relation to titles that have ceased to be in force in whole or part—NOPSEMA direction);
 (d) section 587A (directions in relation to titles that have ceased to be in force in whole or part—responsible Commonwealth Minister direction).
Note 1: NOPSEMA may do anything required to be done under a direction under section 587 in the event of a breach of the direction (see section 588).
Note 2: The responsible Commonwealth Minister may do anything required to be done under a direction under section 587A in the event of a breach of the direction (see section 590A).