VICIn ForceAct
Gas Industry Act 2001
208Offence not to comply with direction etc.
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208 Offence not to comply with direction etc.
(1) A person or body who is aware of a direction, prohibition or requisition made under section 207 must comply with the direction, prohibition or requisition.
(2) A person is deemed to be aware of a direction, prohibition or requisition if the Minister has caused—
(a) the direction, prohibition or requisition to be published in a newspaper circulating in the area in which the direction, prohibition or requisition applies; or
(b) details of the direction, prohibition or requisition to be broadcast by means of radio or television transmission in the area in which the direction, prohibition or requisition applies.
(3) In any proceedings for an offence against this section, a certificate purporting to be signed by the Minister to the effect that details of a direction, prohibition or requisition were broadcast by means of radio or television transmission in a particular area on a specified day is evidence of the facts set out in the certificate.
S. 208(4) amended by No. 68/2009 s. 97(Sch. item 63.2).
(4) In any proceedings for an offence against this section, it is sufficient defence for the accused to prove that at the time of the commission of the offence, the accused—
(a) did not know; and
(b) could not reasonably have known—
of the direction, prohibition or requisition.
(5) A person must not contravene subsection (1).
1. In the case of a natural person, 240 penalty units.
In the case of a body corporate, 10 000 penalty units.
(6) An offence by a body corporate under subsection (5) is an indictable offence.
(7) If an offence is committed by a person by reason of a failure to comply, within the period specified in a direction, prohibition or requisition made under section 207, with the requirements specified in the direction, prohibition or requisition, the offence, for the purposes of subsection (8) is deemed to continue so long as any requirement specified in the direction, prohibition or requisition, remains undone, whether or not the period has elapsed.
(8) If, under subsection (7), an offence is deemed to continue, the person who committed the offence commits an additional offence on each day during which the offence is deemed to continue and is liable, upon conviction for such an additional offence, to a penalty not exceeding one tenth of the penalty for the first-mentioned offence.