23Duty on licence holders—complying with licence conditions

23 Duty on licence holders—complying with licence conditions

(1) A person who is the holder of a licence must comply with the conditions of the licence that apply to the person. 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 is the holder of a licence; and (b) the person engages in conduct; and (c) the conduct contravenes a licence condition.

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)(a) and (c). Exception (5) Subsections (2) and (3) do not apply if an exemption granted under section 144 applies to the person in relation to the licence condition.

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).