Document ID: chunk:federal_register_of_legislation:C2019A00040:clause:5_131dd:p1
Version: federal_register_of_legislation:C2019A00040
Segment Type: clause
Provision Reference: sch 5 cl 131DD (pt 1/2)
Character Range: 49705–52265

131DD  Non‑compliance with a direction

Failure to comply with a direction given to an RSE licensee—failure by the RSE licensee
 (1) A person commits an offence if:
 (a) the person is an RSE licensee or a member of a group of individual trustees that is an RSE licensee; and
 (b) a direction is given to the RSE licensee under this Division; and
 (c) the RSE licensee does, or fails to do, something; and
 (d) doing, or failing to do, the thing results in a contravention of the direction.
Penalty: 100 penalty units.
Note: If a body corporate is convicted of an offence against this subsection, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of up to 5 times the penalty stated above.

Failure to comply with a direction given to an RSE licensee—failure by an officer of the RSE licensee
 (2) A person commits an offence if:
 (a) the person is an officer of an RSE licensee that is a body corporate; and
 (b) the officer fails to take reasonable steps to ensure that the RSE licensee complies with a direction given to it under this Division; and
 (c) the officer's duties include ensuring that the RSE licensee complies with the direction or with a class of directions that includes the direction; and
 (d) the RSE licensee does not comply with the direction.
Penalty: 100 penalty units.

Failure to comply with a direction given to a connected entity of an RSE licensee—failure by the connected entity
 (3) A connected entity of an RSE licensee commits an offence if:
 (a) a direction is given to the connected entity under this Division; and
 (b) the connected entity does, or fails to do, something; and
 (c) doing, or failing to do, the thing results in a contravention of the direction.
Penalty: 100 penalty units.
Note: If a body corporate is convicted of an offence against this subsection, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of up to 5 times the penalty stated above.

Failure to comply with a direction given to a connected entity of an RSE licensee—failure by an officer of the connected entity
 (4) A person commits an offence if:
 (a) the person is an officer of a body corporate that is a connected entity of an RSE licensee; and
 (b) the officer fails to take reasonable steps to ensure that the connected entity complies with a direction given to it under this Division; and
 (c) the officer's duties include ensuring that the connected entity complies with the direction or with a class of directions that includes the direction; and
 (d) the connected entity fails to comply with