19Duty to be authorised by a licence

19 Duty to be authorised by a licence

(1) A person must not conduct a regulated activity if the person does not hold a licence authorising the person to conduct the regulated activity. Civil penalty provision (2) A person is liable to a civil penalty if the person contravenes subsection (1).

Note 1: It is not necessary to prove a person’s state of mind in proceedings for a contravention of a civil penalty provision, except in limited circumstances (see section 94 of the Regulatory Powers Act).

Note 2: Under subsection 82(5) of the Regulatory Powers Act, the pecuniary penalty imposed for a contravention of a civil penalty provision must not be more than that specified for the provision (or, for a body corporate, not more than 5 times that specified).

Civil penalty: 5,000 penalty units.

Offence (3) A person commits an offence if: (a) the person conducts an activity; and (b) the activity is a regulated activity; and (c) the person does not hold a licence authorising the person to conduct the regulated activity.

Penalty:

(a) for an individual—imprisonment for 6 years or 350 penalty units, or both; or
(b) for a body corporate—14,000 penalty units.

(4) Strict liability applies to paragraphs (3)(b) and (c). Exception (5) Subsections (2) and (3) do not apply if: (a) the person is not the holder of a licence but is authorised by a licence to conduct the regulated activity; or (b) an exemption granted under section 144 applies to the person in relation to the activity.

Note 1: For the purposes of subsection (2), a defendant bears an evidential burden in relation to the matter in subsection (5) (see section 96 of the Regulatory Powers Act).

Note 2: For the purposes of subsection (3), a defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).