Document ID: chunk:federal_register_of_legislation:C2012A00090:clause:2_13ce
Version: federal_register_of_legislation:C2012A00090
Segment Type: clause
Provision Reference: sch 2 cl 13CE
Character Range: 73154–74560

13CE  Non‑compliance with direction
 (1) An operator contravenes this subsection if:
 (a) the operator is given a direction under subsection 13CD(1); and
 (b) the operator engages in conduct; and
 (c) the conduct contravenes the direction.
 (2) Subsection (1) does not apply if the operator engages in the conduct in an emergency:
 (a) to save a person from death or serious injury; or
 (b) to secure the safety of a ship or aircraft, or the safety of equipment or facilities of high value; or
 (c) to protect the environment.

Offence
 (3) An operator commits an offence if the operator contravenes subsection (1). The physical elements of the offence are set out in that subsection.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3) of the Criminal Code.

Civil penalty provision
 (4) An operator is liable to a civil penalty if the operator contravenes subsection (1).
Civil penalty: 500 penalty units.
Note: It is not necessary to prove a person's state of mind in proceedings for a contravention of a civil penalty provision, except in limited circumstances (see section 22N).
 (5) An operator who wishes to rely on subsection (2) in proceedings for a civil penalty order bears an evidential burden in relation to the matters in that subsection.

Division 4—Costs orders