Document ID: chunk:federal_register_of_legislation:F2016C00708:clause:2_119
Version: federal_register_of_legislation:F2016C00708
Segment Type: clause
Provision Reference: sch 2 cl 119
Character Range: 188530–189474

119  Contravention of improvement notice
 (1) A person commits an offence if:
 (a) the person is subject to an improvement notice; and
 (b) the person engages in conduct that results in a contravention of a requirement of the improvement notice.
 (2) Subsection (1) does not apply if the person has a reasonable excuse.
 (3) The person charged bears an evidential burden in relation to the matter in subsection (2).
 (4) The offence is an offence of strict liability.
 (5) In proceedings for an offence of engaging in conduct that results in a contravention of a requirement of an improvement notice, it is a defence if the person charged establishes that:
 (a) the alleged contravention or likely contravention; or
 (b) the matters or activities occasioning the alleged contravention or likely contravention;
were remedied within the period specified in the notice, though by a method different from that specified in the improvement notice.