160Breach of equipment rules and permit conditions

#### 160 Breach of equipment rules and permit conditions Offence (1) A person commits an offence if: (a) the person is subject to a prohibition imposed by the equipment rules; and (b) the prohibition does not consist of contravening a condition of a permit; and (c) the person engages in conduct; and (d) the person’s conduct contravenes the prohibition. Penalty: 500 penalty units. (2) A person commits an offence if: (a) the person is subject to an obligation imposed by the equipment rules; and (b) the obligation is not an obligation to do an act or thing: (i) within a particular period; or (ii) before a particular time; and (c) the obligation is not an obligation to keep or retain records; and (d) the obligation is not an obligation to comply with a condition of a permit; and (e) the person engages in conduct; and (f) the person’s conduct contravenes the obligation. Penalty: 500 penalty units. (3) A person commits an offence if: (a) the person is subject to an obligation imposed by the equipment rules; and (b) the obligation is an obligation to do an act or thing: (i) within a particular period; or (ii) before a particular time; and (c) the obligation is not an obligation to keep or retain records; and (d) the obligation is not an obligation to comply with a condition of a permit; and (e) the person engages in conduct; and (f) the person’s conduct contravenes the obligation. Penalty: 500 penalty units. (4) The maximum penalty for each day that an offence against subsection (3) continues is 10% of the maximum penalty that could be imposed in respect of the principal offence. Civil penalties (5) If: (a) a person is subject to a prohibition imposed by the equipment rules; and (b) the prohibition does not consist of contravening a condition of a permit; the person must not contravene the prohibition. Civil penalty: 500 penalty units. (6) If: (a) a person is subject to an obligation imposed by the equipment rules; and (b) the obligation is not an obligation to do an act or thing: (i) within a particular period; or (ii) before a particular time; and (c) the obligation is not an obligation to keep or retain records; and (d) the obligation is not an obligation to comply with a condition of a permit; the person must not contravene the obligation. Civil penalty: 500 penalty units. (7) If: (a) a person is subject to an obligation imposed by the equipment rules; and (b) the obligation is an obligation to do an act or thing: (i) within a particular period; or (ii) before a particular time; and (c) the obligation is not an obligation to keep or retain records; and (d) the obligation is not an obligation to comply with a condition of a permit; the person must not contravene the obligation. Civil penalty: 500 penalty units. (8) The maximum civil penalty for each day that a contravention of subsection (7) continues is 10% of the maximum civil penalty that can be imposed in respect of a contravention of that subsection. > Note: Subsection (7) is a continuing civil penalty provision under section 93 of the Regulatory Powers Act. (9) If: (a) a person is subject to an obligation imposed by the equipment rules; and (b) the obligation is an obligation to keep or retain records; the person must not contravene the obligation. Civil penalty: 30 penalty units. (10) If a person is the holder of a permit, the person must not contravene a condition of the permit. Civil penalty: 100 penalty units. (11) Subsection (10) does not apply if the person has a reasonable excuse. > Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).