Document ID: chunk:federal_register_of_legislation:C2025C00182:section:12gb:p1
Version: federal_register_of_legislation:C2025C00182
Segment Type: section
Provision Reference: s 12GB (pt 1/3)
Character Range: 183991–186663

12GB  Offences against Subdivision D or DA
 (1) A person commits an offence if the person:
 (a) contravenes; or
 (b) attempts to contravene; or
 (c) is involved in a contravention of;
a provision of Subdivision D (sections 12DA to 12DN), other than section 12DA, or a provision of Subdivision DA.
Penalty: 2,000 penalty units.
 (1AA) A person commits an offence if the person contravenes section 12DMC.
Penalty: 60 penalty units.
 (1AB) Subsection (1AA) is an offence of strict liability.
 (1A) Subsections 11.2(2) to (5) of the Criminal Code apply in relation to paragraph (1)(c) of this section, to the extent that the paragraph relates to aiding, abetting, counselling or procuring a person to contravene Subdivision D (sections 12DA to 12DN), other than section 12DA, or a provision of Subdivision DA, in the same way as they apply in relation to subsection 11.2(1) of the Criminal Code.
 (1B) Subsections 11.5(2) to (5) of the Criminal Code apply in relation to paragraph (1)(c) of this section, to the extent that the paragraph relates to conspiring with others to contravene Subdivision D (sections 12DA to 12DN), other than section 12DA, or a provision of Subdivision DA, in the same way as they apply in relation to subsection 11.5(1) of the Criminal Code.
 (2) If:
 (a) a person is convicted of 2 or more offences against subsection (1) constituted by, or relating to, contraventions of the same provision of Subdivision D (sections 12DA to 12DN) or Subdivision DA (sections 12DO to 12DZA); and
 (b) the contraventions appear to the Court to have been of the same nature or a substantially similar nature and to have occurred at or about the same time;
the Court must not, in respect of the offences, impose on the person fines that, in the aggregate, exceed the maximum fine that would be applicable in respect of one offence by that person against subsection (1) in relation to that provision.
 (2A) If:
 (a) a person is convicted of 2 or more offences against subsection (1AA) constituted by contraventions of section 12DMC; and
 (b) the contraventions appear to the Court to have been of the same nature or a substantially similar nature and to have occurred at or about the same time;
the Court must not, in respect of the offences, impose on the person fines that, in the aggregate, exceed the maximum fine that would be applicable in respect of one offence by that person against subsection (1AA).
 (2B) Subsection (2) or (2A) applies whether or not the person is also convicted of an offence or offences constituted by, or relating to, another contravention or other contraventions of the provision in question that were of a different nature or occurred