18NOOffence—breaching a condition of a servicing licence

18NO Offence—breaching a condition of a servicing licence

(1) A person commits an offence if: (a) the person is a servicing licensee; and (b) the person engages or fails to engage in conduct; and (c) the conduct or failure is in breach of a condition of the person’s servicing licence.

Penalty: 30 penalty units.

(2) A person commits an offence if: (a) the person is a servicing licensee; and (b) an employee of the person engages or fails to engage in conduct; and (c) the conduct or failure is in breach of a condition of the person’s servicing licence; and (d) the person expressly, tacitly or impliedly authorises or permits the conduct or failure.

Penalty: 30 penalty units.

(3) A person commits an offence if: (a) the person is an employee of a servicing licensee; and (b) the person engages or fails to engage in conduct; and (c) the conduct or failure is in breach of a condition of the servicing licensee’s servicing licence; and (d) the conduct or failure is not within the actual or apparent scope of the person’s employment.

Penalty: 30 penalty units.

(4) Subsections (1), (2) and (3) are offences of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.