128Remedial directions—compliance

128 Remedial directions—compliance

(1) A person contravenes this subsection if: (a) the person is subject to a direction under: (i) section 126 (remedial directions by the Regulator); or (ii) section 127 (remedial directions by the Minister); 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.

Continuing offences and continuing contraventions of civil penalty provisions (5) 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.

Note: Subsections (2) and (3) are continuing offences under section 4K of the Crimes Act 1914.

(6) 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.

Note: Subsection (4) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act.