Document ID: chunk:federal_register_of_legislation:C2025C00156:section:129aae
Version: federal_register_of_legislation:C2025C00156
Segment Type: section
Provision Reference: s 129AAE
Character Range: 734807–735713

129AAE  Civil penalty—failure to comply with requirement in notice
 (1) A person referred to in paragraph 129AAD(2)(b) contravenes this section if:
 (a) the person is given a notice under section 129AAD requiring the person to do something in respect of a professional service; and
 (b) the person fails to comply with the requirement within the period specified in the notice.
Civil penalty:
 (a) for an individual—20 penalty units; and
 (b) for a body corporate—100 penalty units.
 (2) It is a defence in proceedings for a contravention of subsection (1) if:
 (a) the failure to comply is brought about by another person over whom the person has no control or by a non‑human act or event over which the person has no control; and
 (b) the person could not reasonably be expected to guard against the failure.
Note: The defendant bears the onus of proving the matters necessary to establish the defence.