Document ID: chunk:federal_register_of_legislation:C2014C00507:clause:2_587b
Version: federal_register_of_legislation:C2014C00507
Segment Type: clause
Provision Reference: sch 2 cl 587B
Character Range: 138434–140215

587B  Remedial directions—compliance

Basic rule
 (1) A person contravenes this subsection if:
 (a) the person is subject to a remedial direction; and
 (b) the person engages in conduct; and
 (c) the person's conduct breaches the direction.

Fault‑based offence
 (2) A person commits an offence if the person contravenes subsection (1).
Penalty: 5 years imprisonment or 2,000 penalty units, or both.
 (3) For the purposes of applying Chapter 2 of the Criminal Code to the offence in subsection (2), the physical elements of the offence are set out in subsection (1).
Note: Chapter 2 of the Criminal Code sets out general principles of criminal responsibility.

Strict liability offence
 (4) A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 100 penalty units.
Note: For strict liability, see section 6.1 of the Criminal Code.

Civil penalty provision
 (5) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 525 penalty units.

Remedial directions
 (6) In this section:
remedial direction means a direction under any of the following provisions:
 (a) section 586 (petroleum titleholders—NOPSEMA direction);
 (b) section 586A (petroleum titleholders—responsible Commonwealth Minister direction);
 (c) section 587 (former petroleum titleholders—NOPSEMA direction);
 (d) section 587A (former petroleum titleholders—responsible Commonwealth Minister direction).
Note 1: NOPSEMA may do anything required to be done under a direction under section 587 in the event of a breach of the direction (see section 588).
Note 2: The responsible Commonwealth Minister may do anything required to be done under a direction under section 587A in the event of a breach of the direction (see section 590A).