Document ID: chunk:federal_register_of_legislation:C2004C01110:clause:2_44
Version: federal_register_of_legislation:C2004C01110
Segment Type: clause
Provision Reference: sch 2 cl 44
Character Range: 44473–45172

44  At the end of section 42
Add:

 (3) A person is guilty of an offence if:
 (a) the person fails to comply with subsection (2); and
 (b) there is no order in force under section 11 determining that this subsection does not apply to the person; and
 (c) there is no instrument in force under section 48 exempting the person from the application of this subsection.

Maximum penalty: 50 penalty units.

Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2: If a body corporate is convicted of an offence against this subsection, subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of up to 5 times the penalty stated above.