Document ID: chunk:federal_register_of_legislation:C2015A00150:clause:1_83
Version: federal_register_of_legislation:C2015A00150
Segment Type: clause
Provision Reference: sch 1 cl 83
Character Range: 119736–121631

83  Simplified outline of this Part

      A person may commit an offence or contravene a civil penalty provision if the person:
             (a) fails to give a notice under section 81 before taking a notifiable action; or
             (b) takes a significant action before the end of the period in section 82; or
             (c) contravenes an order under Part 3; or
             (d) contravenes a condition in a no objection notification or an exemption certificate.
      There are additional civil penalties in relation to residential land. Some of these penalties may be calculated by reference to the market value of, or consideration for, the acquisition of the interest in the residential land or the capital gain from disposing of the interest.
      Part 2.4 of the Criminal Code, which among other things extends criminal responsibility to those who attempt to commit an offence or incite another person to commit an offence, applies to offences against this Act. A similar provision for civil penalty provisions is found in section 92 of the Regulatory Powers Act, and applies to civil penalty provisions in this Act.
      Generally, the penalty for bodies corporate is 5 times the amount for individuals (see section 4B of the Crimes Act 1914 and subsection 82(5) of the Regulatory Powers Act).
      An officer of a corporation who authorises or permits the corporation to commit an offence or contravene a civil penalty provision may also commit an offence or contravene a civil penalty provision. Similarly, an officer of a corporation may contravene a civil penalty provision by failing to prevent a contravention of the civil penalty provision by the corporation.
      Civil penalty orders may be sought and infringement notices issued under the Regulatory Powers Act.
      A charge on Australian land may apply for unpaid penalties under this Act.

Division 2—Offences