NSWIn ForceAct
Mining Act 1992
240CBreach of direction or notice
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#### 240C Breach of direction or notice
240C Breach of direction or notice
> > (1) A person must comply with a direction or notice issued to the person under this Division, unless the person has a reasonable excuse for not doing so.
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> > (2) If a person fails, without reasonable excuse, to comply with a direction or notice under this Division in relation to an authorisation, the holder of the authorisation to which the direction or notice relates, if not the person to whom the direction or notice was issued, is also guilty of an offence.
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> Maximum penalty—
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> > (a) for a corporation—10,000 penalty units, and, in the case of a continuing offence, a further penalty of 1,000 penalty units for each day the offence continues, or
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> > (b) for an individual—2,000 penalty units, and, in the case of a continuing offence, a further penalty of 200 penalty units for each day the offence continues.
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> Note—
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> An offence against this section committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 378F.
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> **s 240C:** Ins 2008 No 19, Sch 1 \[206\]. Am 2012 No 84, Sch 2.2 \[7\]; 2012 No 97, Sch 1.25 \[1\]; 2015 No 40, Sch 1 \[84\]. Subst 2022 No 21, Sch 1\[88\].