Document ID: chunk:federal_register_of_legislation:C2024A00091:section:78:p2
Version: federal_register_of_legislation:C2024A00091
Segment Type: section
Provision Reference: s 78 (pt 2/2)
Character Range: 117170–119217

and
 (b) remove the risk referred to in paragraph (3)(f).

Notification by inspector about adequacy of action taken
 (5) The prohibition notice ceases to have effect when an inspector notifies the notice recipient that the inspector is satisfied that the notice recipient has taken adequate action to:
 (a) prevent any further contravention, or to prevent the likely contravention, as the case may be; and
 (b) remove the risk referred to in paragraph (3)(f).
 (6) If an inspector is satisfied that action taken by the notice recipient is not adequate to:
 (a) prevent any further contravention, or to prevent the likely contravention, as the case may be; or
 (b) remove the risk referred to in paragraph (3)(f);
the inspector must inform the notice recipient accordingly.

Strict liability offence
 (7) A person commits an offence of strict liability if:
 (a) the person is given a prohibition notice under subsection (2); and
 (b) the person fails to comply with the prohibition notice.
Penalty: 60 penalty units.

Fault‑based offence
 (8) A person commits an offence if:
 (a) the person is given a prohibition notice under subsection (2); and
 (b) the person engages in conduct that results in the person failing to comply with the prohibition notice; and
 (c) the person knows that the conduct will have that result.
Penalty: Imprisonment for 7 years.

Exception
 (9) Subsections (7) and (8) do not apply if the person did not have control over the matter in relation to which the prohibition notice was not complied with.
Note: A defendant bears an evidential burden in relation to the matter in subsection (9) (see subsection 13.3(3) of the Criminal Code).

Instruments are not legislative instruments
 (10) The following are not legislative instruments:
 (a) a prohibition notice under subsection (2);
 (b) a notification under subsection (5) (if given in writing) of the matter referred to in that subsection;
 (c) a notice under subsection (6) (if given in writing) informing a notice recipient of a matter referred to in that subsection.