Document ID: chunk:federal_register_of_legislation:C2021A00074:clause:1_166
Version: federal_register_of_legislation:C2021A00074
Segment Type: clause
Provision Reference: sch 1 cl 166
Character Range: 50934–52180

166  Failing to comply with enforcement notice
 (1) A person contravenes this subsection if:
 (a) the person has been given a notice under subsection 165(2); and
 (b) the person fails to comply with the direction in the notice.

Strict liability offence
 (2) A person commits an offence of strict liability if the person contravenes subsection (1).
Note: See section 170A in relation to the physical elements of the offence.
Penalty: 30 penalty units.
 (3) A person who contravenes subsection (1) commits a separate offence in respect of each day (including a day the person is convicted of the offence or any later day) during which the contravention continues.

Civil penalty provision
 (4) A person is liable to a civil penalty if the person contravenes subsection (1).
Note: In proceedings against a person for a contravention of a civil penalty provision, it is generally not necessary to prove the person's state of mind (see section 154C).
Civil penalty: 600 penalty units.
 (5) A person who contravenes subsection (1) commits a separate contravention of that subsection in respect of each day (including a day a relevant pecuniary penalty order is made against the person or any subsequent day) during which the contravention continues.