Document ID: chunk:federal_register_of_legislation:C2007A00099:clause:1_35b
Version: federal_register_of_legislation:C2007A00099
Segment Type: clause
Provision Reference: sch 1 cl 35B
Character Range: 6511–7407

35B  Person must not breach conditions of emergency dealing determination—strict liability offence

 (1) A person is guilty of an offence if:
 (a) the person takes an action or omits to take an action; and
 (b) the person has knowledge of the conditions to which an emergency dealing determination is subject; and
 (c) the action or omission by the person contravenes such a condition.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

 (2) Strict liability applies to paragraphs (1)(a) and (c).

Note: For strict liability, see section 6.1 of the Criminal Code.

 (3) An offence under this section is punishable on conviction by a fine of not more than whichever of the following amounts applies:
 (a) in the case of an aggravated offence—200 penalty units;
 (b) in any other case—50 penalty units.

Note: Section 38 defines aggravated offence.