Document ID: chunk:federal_register_of_legislation:C2024A00050:clause:1_111
Version: federal_register_of_legislation:C2024A00050
Segment Type: clause
Provision Reference: sch 1 cl 111
Character Range: 86532–88829

111  Subsection 41MN(9)
Repeal the subsection, substitute:

Offences relating to breaching a condition of an exemption, approval or authority, or a condition applicable under regulations
 (9) A person commits an offence if:
 (a) the person does an act or omits to do an act; and
 (b) the act or omission breaches:
 (i) a condition of an exemption applicable under regulations made for the purposes of section 41HA; or
 (ii) a condition of an approval under section 41HB; or
 (iii) a condition applicable under regulations made for the purposes of subsection 41HB(7); or
 (iiia) a condition of an authority under section 41HC; or
 (iv) a condition of an approval under subsection 41HD(1), (1A) or (2); and
 (c) the act or omission has resulted in, will result in, or is likely to result in, harm or injury to any person.
Penalty: Imprisonment for 5 years or 4,000 penalty units, or both.
Note 1: A jury may acquit a person of an offence against this subsection and may convict the person of an offence against subsection (9A) instead: see section 53A.
Note 2: For the liability of an executive officer of a body corporate, see sections 54B and 54BA.
 (9A) A person commits an offence if:
 (a) the person does an act or omits to do an act; and
 (b) the act or omission breaches:
 (i) a condition of an exemption applicable under regulations made for the purposes of section 41HA; or
 (ii) a condition of an approval under section 41HB; or
 (iii) a condition applicable under regulations made for the purposes of subsection 41HB(7); or
 (iiia) a condition of an authority under section 41HC; or
 (iv) a condition of an approval under subsection 41HD(1), (1A) or (2).
Penalty: Imprisonment for 12 months or 1,000 penalty units, or both.
 (9B) A person commits an offence of strict liability if:
 (a) the person does an act or omits to do an act; and
 (b) the act or omission breaches:
 (i) a condition of an exemption applicable under regulations made for the purposes of section 41HA; or
 (ii) a condition of an approval under section 41HB; or
 (iii) a condition applicable under regulations made for the purposes of subsection 41HB(7); or
 (iiia) a condition of an authority under section 41HC; or
 (iv) a condition of an approval under subsection 41HD(1), (1A) or (2).
Penalty: 100 penalty units.