54ZAncillary contraventions

54Z Ancillary contraventions (1) A person must not— (a) attempt to contravene a civil penalty provision; or (b) aid, abet, counsel or procure a contravention of a civil penalty provision; or (c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of a civil penalty provision.

(2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the civil penalty provision. 54ZA State of mind (1) It is not necessary to prove a person’s state of mind in a proceeding against the person under this part. (2) Subsection (1) does not apply— (a) to the extent that the proceeding relates to a contravention of section 54Z (1) (Ancillary contraventions); and (b) to the extent that the civil penalty provision, or a provision that relates to the civil penalty provision, expressly provides otherwise. state of mind, of a person, includes the person’s intention, knowledge, recklessness or negligence. 54ZB Mistake of fact (1) A person is not liable for a contravention of a civil penalty provision if— (a) when engaging in the conduct constituting the contravention, the person considered whether or not facts existed, and was under a mistaken but reasonable belief about the facts; and (b) had the facts existed, the conduct would not have constituted a contravention. (2) A person may be taken to have considered whether or not facts existed when engaging in conduct if the person— (a) had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and

Other provisions about liability Division 9A.6 (b) honestly and reasonably believed that the circumstances surrounding the present occasion were substantially the same as those surrounding the previous occasion. (3) The person has an evidential burden in relation to the matters mentioned in subsection (1) and (2). 54ZC Burden of proof for exceptions etc A person wishing to rely on any exception, exemption, excuse, qualification or justification provided by the law creating a civil penalty provision has an evidential burden in relation to the matter. 54ZD Extended liability of corporations Conduct is taken to be engaged in by a corporation if it is engaged in by an employee, agent or officer of the corporation acting within— (a) the actual or apparent scope of their employment; or (b) their actual or apparent authority. 54ZE Limited liability of individuals An individual is not liable under this part for a contravention of a civil penalty provision if the contravention has a corresponding offence.

54ZF Exercise of enforcement functions under Utilities Act 2000 (1) An ICRC inspector may exercise their functions under the Utilities Act 2000, chapter 10 (Enforcement) for the purpose of investigating, monitoring and enforcing compliance with a civil penalty provision. (2) For subsection (1)— (a) a reference in that chapter to an offence against that Act is taken to be a reference to a contravention of a civil penalty provision; and (b) a reference in that chapter to a prosecution for an offence is taken to be a reference to an enforcement order proceeding in relation to a contravention of a civil penalty provision. ICRC inspector—see the Utilities Act 2000, dictionary. 55 Acts and omissions of representatives (1) In this section: person means an individual. Note See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility. representative, of a person, means an employee or agent of the person. state of mind, of a person, includes— (a) the person’s knowledge, intention, opinion, belief or purpose; and (b) the person’s reasons for the intention, opinion, belief or purpose.