Document ID: chunk:federal_register_of_legislation:C2025C00185:section:1314:p2
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 1314 (pt 2/3)
Character Range: 5478820–5481302

a provision of this Act; and
 (b) throughout a particular period (in this subsection called the relevant period):
 (i) the failure to do the act continued; and
 (ii) a person (in this subsection called the derivative offender) is or was in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the failure to do the act; and
 (iii) in a case where subparagraph (a)(i) applies—the derivative offender is or was an officer or employee of the body;
then:
 (c) in a case where either or both of the following events occurs or occur:
 (i) a person is or was convicted, before or during the relevant period, of a primary substantive offence in relation to failure to do the act;
 (ii) the derivative offender is or was convicted, before or during the relevant period, of a primary derivative offence in relation to failure to do the act;
  the derivative offender is, in relation to failure to do the act, guilty of an offence (in this paragraph called the relevant offence) in respect of so much (if any) of the relevant period as elapsed:
 (iii) after the conviction referred to in subparagraph (i) or(ii), or after the earlier of the convictions referred to in subparagraphs (i) and (ii), as the case may be; and
 (iv) before the relevant day in relation to the relevant offence; and
 (d) in a case where, at a particular time during the relevant period, the derivative offender is or was first convicted of a secondary derivative offence, or is or was convicted of a second or subsequent secondary derivative offence, in relation to failure to do the act—the derivative offender is, in relation to failure to do the act, guilty of a further offence in respect of so much of the relevant period as elapsed after that time and before the relevant day in relation to the further offence.
 (5) Where a person is guilty, by virtue of subsection (3) or (4), of an offence in respect of the whole or a part of a particular period, the penalty applicable to the offence is a fine of the amount obtained by multiplying half a penalty unit by the number of days in that period, or in that part of that period, as the case may be.
 (6) In this section:
act includes thing.
primary derivative offence, in relation to failure to do an act, means an offence (other than an offence of which a person is guilty by virtue of this section) of which a person is or was guilty by virtue of being an officer of a corporation, or a person, who is or was in any way, by act