- (1)
- A person whose taking of an action has been approved under this Part is
guilty of an offence if:
- (a)
- the person takes an action or omits to take an action; and
- (b)
- the action or omission contravenes a condition attached to the approval
and the person is reckless as to that fact; and
- (c)
- the action or omission results or will result in a significant impact on a
matter protected by a provision of Part 3.
- Note: Chapter 2 of the Criminal Code sets out the general principles of
criminal responsibility.
- (2)
- Strict liability applies to paragraph (1)(c).
- Note: For strict liability , see section 6.1 of the Criminal Code .
- (3)
- A person whose taking of an action has been approved under this Part is
guilty of an offence if:
- (a)
- the person takes an action or omits to take an action; and
- (b)
- the action or omission contravenes a condition attached to the approval
and the person is reckless as to that fact; and
- (c)
- the action or omission is likely to have a significant impact on a matter
protected by a provision of Part 3 and the person is reckless as to that fact.
- Note: Chapter 2 of the Criminal Code sets out the general principles of
criminal responsibility.
- (4)
- An offence against subsection (1) or (2) is punishable on conviction by
imprisonment for a term not more than 2 years, a fine not more than 120
penalty units, or both.
- Note 1: Subsection 4B(3) of the Crimes Act 1914 lets a court fine a body
corporate up to 5 times the maximum amount the court could fine a person under
this subsection.
Note 2: An executive officer of a body corporate convicted of an offence
against this section may also be guilty of an offence against section 495.
Commonwealth Numbered Acts