NSWIn ForceAct
Mining Act 1992
378GContinuing offences
Start here
Get a plain-English read of 378G
Turn the raw legal text into a practical explanation grounded in Mining Act 1992.
#### 378G Continuing offences
378G Continuing offences
> > (1) If an offence against a provision of this Act is committed by a person by reason of a continuing act or omission—
> >
> > > (a) the person is liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continues of not more than an amount specified for that offence, and
> >
> > > (b) if the act or omission continues after the person is convicted of the offence, the person is guilty of a further offence against that provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continues after that conviction of not more than an amount specified for that offence.
>
> > (2) An obligation to do something is to be regarded as continuing until the act is done despite the fact that a period within which, or time before which, the act is required to be done has expired or passed.
>
> > (3) An omission is to be regarded as continuing for as long as the thing required to be done remains undone after the end of the period for compliance with the requirement.
>
> > (4) However, this section does not apply to an offence if the relevant provision of this Act or the regulations does not provide for a penalty for a continuing offence.
>
> **s 378G:** Ins 2008 No 19, Sch 1 \[258\]. Subst 2015 No 40, Sch 1 \[119\].