122Certain alterations of registered establishment must not be made unless approved etc.

122  Certain alterations of registered establishment must not be made unless approved etc.  (a) the establishment is altered (including by way of addition to the establishment); and  (i) the alteration has not been approved under subsection 120(2); or  (ii) the alteration has been approved under paragraph 120(2)(a) or 120(2)(ab) but the Secretary has not given the occupier notice of the approval under section 121. Note 1: The physical elements of an offence against subsection (3) are set out in this subsection (see section 370). Note 2: The Secretary may suspend or revoke the registration of the establishment if the occupier contravenes this subsection (see paragraphs 127(1)(j) and 138(1)(j)).  (2) Subsection (1) does not apply to an alteration of a kind prescribed by the rules. Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).  (3) The occupier of a registered establishment commits an offence if the occupier contravenes subsection (1).  (4) The occupier of a registered establishment is liable to a civil penalty if the occupier contravenes subsection (1).