Document ID: chunk:federal_register_of_legislation:C2024A00118:clause:2_10kh:p1
Version: federal_register_of_legislation:C2024A00118
Segment Type: clause
Provision Reference: sch 2 cl 10KH (pt 1/3)
Character Range: 81462–84295

10KH  Strict liability offences—unaccredited provision of children's contact services

Individual providing services who is not a CCS practitioner
 (1) An individual commits an offence if:
 (a) the individual provides a children's contact service; and
 (b) the Accreditation Rules provide for accreditation of CCS practitioners; and
 (c) the individual is not a CCS practitioner.
Penalty: 50 penalty units.

Body corporate providing services that is not a CCS business
 (2) A body corporate commits an offence if:
 (a) the body corporate provides a children's contact service; and
 (b) the Accreditation Rules provide for accreditation of CCS businesses; and
 (c) the body corporate is not a CCS business.
Penalty:
 (a) for an individual—50 penalty units; or
 (b) for a body corporate—250 penalty units.

Person providing services through an individual who is not a CCS practitioner
 (3) A person commits an offence if:
 (a) the person is a CCS business; and
 (b) an individual provides a children's contact service for or on behalf of the person; and
 (c) the Accreditation Rules provide for accreditation of CCS practitioners; and
 (d) the individual is not a CCS practitioner.
Penalty:
 (a) for an individual—50 penalty units; or
 (b) for a body corporate—250 penalty units.
 (4) Subsection (3) does not apply to a person if, at or before the time the individual provides the children's contact service as mentioned in paragraph (3)(b), the person:
 (a) considered whether or not the individual was a CCS practitioner; and
 (b) is under a mistaken but reasonable belief about that matter.
Note: A defendant bears an evidential burden in relation to the matters in subsection (4) (see subsection 13.3(3) of the Criminal Code).

Individual business operator who is not a CCS business
 (5) An individual commits an offence if:
 (a) the individual controls, directs or organises (whether alone or jointly with other persons) the provision of children's contact services in the individual's own name or under a business name; and
 (b) the Accreditation Rules provide for accreditation of CCS businesses; and
 (c) the individual is not a CCS business.
Penalty: 50 penalty units.

Person responsible for non‑legal person that is not a CCS business providing services through an individual
 (6) A person commits an offence if:
 (a) an individual provides a children's contact service for or on behalf of an entity that is not a legal person; and
 (b) the Accreditation Rules provide for accreditation of CCS businesses; and
 (c) the entity is not a CCS business; and
 (d) at the time the individual provides the children's contact service, the person is a person who controls, directs or organises (whether alone or jointly with other persons) the provision of children's contact services for or on behalf of the entity.
Penalty:
 (a) for