Commonwealth Consolidated Acts

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Civil penalty--failure to comply with requirement in notice

  (1)   A person referred to in paragraph   129AAD(2)(b) contravenes this section if:

  (a)   the person is given a notice under section   129AAD requiring the person to do something in respect of a professional service; and

  (b)   the person fails to comply with the requirement within the period specified in the notice.

Civil penalty:

  (a)   for an individual--20 penalty units; and

  (b)   for a body corporate--100 penalty units.

  (2)   It is a defence in proceedings for a contravention of subsection   (1) if:

  (a)   the failure to comply is brought about by another person over whom the person has no control or by a non - human act or event over which the person has no control; and

  (b)   the person could not reasonably be expected to guard against the failure.

Note:   The defendant bears the onus of proving the matters necessary to establish the defence.

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