90JFailure to comply with conditions

#### 90J Failure to comply with conditions 90J Failure to comply with conditions > > (1) Offences If any condition of an Aboriginal heritage impact permit is contravened by any person, the holder of the permit (or, if more than one person holds the permit, each holder of the permit) is guilty of an offence. > > > (2) If any condition to which a suspension or revocation of, or the approval of the surrender of, an Aboriginal heritage impact permit is subject is contravened by any person, the holder of the permit or former permit (or, if more than one person holds or held the permit or former permit, each holder of the permit or former permit) is guilty of an offence. > > > > Maximum penalty (subsections (1) and (2))— > > > > > (a) in the case of an individual—1,000 penalty units or imprisonment for 6 months, or both and, in the case of a continuing offence, a further penalty of 100 penalty units for each day the offence continues, or > > > > > (b) in the case of a corporation—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. > > > (3) Defence The holder of an Aboriginal heritage impact permit or former Aboriginal heritage impact permit is not guilty of an offence against this section if the holder establishes that— > > > > > (a) the contravention of the condition was caused by another person, and > > > > > (b) that other person was not associated with the holder at the time the condition was contravened, and > > > > > (c) the holder took all reasonable steps to prevent the contravention of the condition. > > > > A person is associated with the holder for the purposes of paragraph (b) (but without limiting any other circumstances of association) if the person is an employee, agent, licensee, contractor or sub-contractor of the holder. > > Note. > > An offence against subsection (1) or (2) 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 175B. > > **s 90J:** Ins 2010 No 38, Sch 1 \[37\]. Am 2012 No 97, Sch 1.28 \[2\].