123Directions under section 121—compliance

123 Directions under section 121—compliance

(1) A person contravenes this subsection if: (a) the person is subject to a direction under section 121; and (b) the person engages in conduct; and (c) the person’s conduct breaches the direction. Fault‑based offence (2) A person commits an offence if the person contravenes subsection (1).

Penalty: 5 years imprisonment or 2,000 penalty units, or both.

Strict liability offence (3) A person commits an offence of strict liability if the person contravenes subsection (1).

Penalty: 100 penalty units.

Civil penalty provision (4) A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty: 525 penalty units.

Defences—breach of direction by person other than a licence holder (5) Subsection (6) applies in relation to a breach of a direction if: (a) both of the following persons are subject to the direction: (i) a licence holder; (ii) another person; and (b) the other person is prosecuted for an offence against subsection (2) or (3), or a civil penalty is sought for the purposes of subsection (4), in relation to the other person’s breach of the direction; and (c) the other person adduces evidence that the other person did not know, and could not reasonably be expected to have known, of the existence of the direction. (6) Unless it is proved that the other person knew, or could reasonably be expected to have known, of the existence of the direction: (a) if the other person is prosecuted for an offence—the other person is not to be convicted of the offence; or (b) if a civil penalty order is sought against the other person—the order is not to be made against the other person. Continuing offences and continuing contraventions of civil penalty provisions (7) A person who commits an offence against subsection (2) or (3) commits a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the offence continues. (8) The maximum penalty for each day that an offence under subsection (2) or (3) continues is 10% of the maximum penalty that can be imposed in respect of that offence. (9) A person who contravenes subsection (4) commits a separate contravention in respect of each day (including a day of the making of a relevant civil penalty order or any later day) during which the contravention continues. (10) The maximum civil penalty for each day that a contravention of subsection (4) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.