Document ID: chunk:federal_register_of_legislation:C2025C00022:section:122
Version: federal_register_of_legislation:C2025C00022
Segment Type: section
Provision Reference: s 122
Character Range: 236555–238032

122  Certain alterations of registered establishment must not be made unless approved etc.
 (1) The occupier of a registered establishment contravenes this subsection if:
 (a) the establishment is altered (including by way of addition to the establishment); and
 (b) either:
 (i) the alteration has not been approved under subsection 120(2); or
 (ii) the alteration has been approved under paragraph 120(2)(a) or 120(2)(ab) but the Secretary has not given the occupier notice of the approval under section 121.
Note 1: The physical elements of an offence against subsection (3) are set out in this subsection (see section 370).
Note 2: The Secretary may suspend or revoke the registration of the establishment if the occupier contravenes this subsection (see paragraphs 127(1)(j) and 138(1)(j)).
 (2) Subsection (1) does not apply to an alteration of a kind prescribed by the rules.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).

Fault‑based offence
 (3) The occupier of a registered establishment commits an offence if the occupier contravenes subsection (1).
Penalty: Imprisonment for 2 years or 120 penalty units, or both.

Civil penalty provision
 (4) The occupier of a registered establishment is liable to a civil penalty if the occupier contravenes subsection (1).
Civil penalty: 240 penalty units.

Division 2—Variation by Secretary