Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person contravenes this subsection if:
(a) the person is subject to a direction under section 576B; and
(b) the person engages in conduct; and
(c) the person's conduct breaches the direction.
Note 1: NOPSEMA may do anything required to be done under a direction in the event of a breach of the direction (see section 577).
Note 2: It is a defence in a proceeding for an offence or civil penalty order under this section if the person subject to the direction proves that the person took all reasonable steps to comply with the direction (see section 578).
(2) A person commits an offence if the person contravenes subsection (1).
Penalty: 5 years imprisonment or 2,000 penalty units, or both.
(3) For the purposes of applying Chapter 2 of the Criminal Code to the offence in subsection (2), the physical elements of the offence are set out in subsection (1).
Note: Chapter 2 of the Criminal Code sets out general principles of criminal responsibility.
(4) A person commits an offence of strict liability if the person contravenes subsection (1).
Note: For strict liability, see section 6.1 of the Criminal Code .
(5) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 2,250 penalty units.
Continuing offences and continuing contraventions of civil penalty provisions
(6) The maximum penalty for each day that an offence under subsection (2) or (4) continues is 10% of the maximum penalty that can be imposed in respect of that offence.
Note: Subsections (2) and (4) are continuing offences under section 4K of the Crimes Act 1914 .
(7) The maximum civil penalty for each day that a contravention of subsection (5) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.
Note: Subsection (5) is a continuing civil penalty provision
under section 93 of the Regulatory Powers Act.