Document ID: chunk:federal_register_of_legislation:C2006C00150:clause:6_5
Version: federal_register_of_legislation:C2006C00150
Segment Type: clause
Provision Reference: sch 6 cl 5
Character Range: 127647–128497

5  At the end of section 601FC
Add:

 (5) A responsible entity who contravenes subsection (1), and any person who is involved in a responsible entity's contravention of that subsection, contravenes this subsection.

Note 1: Section 79 defines involved.

Note 2: Subsection (5) is a civil penalty provision (see section 1317E).

 (6) A person must not intentionally or recklessly be involved in a responsible entity's contravention of subsection (1).

 (7) For the purposes of subsection (6), a person is taken to be reckless if:
 (a) the person is aware of a substantial risk that anything done or not done by the person will constitute a contravention of subsection (6); and
 (b) having regard to the circumstances known to the person, it is unjustifiable to take the risk.

 (8) The question whether taking a risk is unjustifiable is one of fact.