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NATIONAL GREENHOUSE AND ENERGY REPORTING ACT 2007 - SECT 30

Continuing contraventions

  (1)   If an act or thing is required, under a civil penalty provision of this Act, to be done within a particular period, or before a particular time, then the obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.

  (2)   If, under section   12, 19, 20, 73 or 73A, an act or thing is required to be done within a particular period, or before a particular time, and a person fails to comply with that requirement, the person is liable for a civil penalty for each day that the person fails to comply.

Civil penalty:   100 penalty units per day.

  (2A)   If, under section   11B, 22X, 74AA or 74B, an act or thing is required to be done within a particular period, or before a particular time, and a person fails to comply with that requirement, the person is liable for a civil penalty for each day that the person fails to comply.

Civil penalty:

  (a)   for an individual--20 penalty units per day; or

  (b)   otherwise--100 penalty units per day.

  (2B)   If, under section   22G, an act or thing is required to be done within a particular period, and a person fails to comply with that requirement, the person is liable for a civil penalty for each day that the person fails to comply.

Civil penalty:   100 penalty units per day.

  (2C)   If, under section   22XF, a person is required to ensure that an excess emissions situation does not exist on a particular 1   April in relation to a facility for a monitoring period, and the person fails to comply with that requirement, the person is liable for a civil penalty for each day that the person fails to comply in the 2 year period beginning immediately after that 1   April.

Civil penalty:   100 penalty units per day.

  (3)   To avoid doubt, a person's failure to comply with a requirement covered by this section on a particular day is taken, for the purposes of this Act, not to be the same conduct as the person's failure to comply with that requirement on a different day.



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