Document ID: chunk:federal_register_of_legislation:C2007A00099:clause:1_35a
Version: federal_register_of_legislation:C2007A00099
Segment Type: clause
Provision Reference: sch 1 cl 35A
Character Range: 5687–6511

35A  Person must not breach conditions of emergency dealing determination

 (1) A person is guilty of an offence if:
 (a) the person intentionally 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 contravenes such a condition, and the person knows or is reckless as to that fact.

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

 (2) An offence under this section is punishable on conviction by whichever of the following applies:
 (a) in the case of an aggravated offence—imprisonment for 5 years or 2,000 penalty units;
 (b) in any other case—imprisonment for 2 years or 500 penalty units.

Note: Section 38 defines aggravated offence.