365AContinuing offences

365A Continuing offences

365A Continuing offences

(1) A person is guilty of a continuing offence for each day a contravention of a legal requirement continues if—

(a) the contravention of the legal requirement is an offence against this Act or the regulations, and

(b) a penalty for a continuing offence is included for the offence.

Note—

A provision with a Tier 1 or 2 penalty includes a penalty for a continuing offence.

(2) The person continues to be required to comply with the legal requirement despite a time specified for compliance having passed.

(3) The continuing offence ceases if—

(a) the legal requirement is complied with, or

(b) for a legal requirement imposed by a notice—the notice is revoked or otherwise ceases to apply.

(4) In this section—

legal requirement means a requirement imposed by the following that requires a person to do or stop doing something—

(a) this Act,

(b) the regulations,

(c) a notice or direction given under this Act or the regulations,

(d) a condition of a licence or approval.

s 365A: Ins 2008 No 73, Sch 1 [11]. Subst 2025 No 70, Sch 3[133].