(1)

For section 44 of the Act, a breach of a provision of the national code mentioned in the following table is an offence punishable by a fine not exceeding the penalty units mentioned in the table for the provision.

(2) Breach of a provision of the national code mentioned in the table in subregulation (1) is not an offence unless, before the conduct (including an omission) constituting the breach occurred, the text of the provision was set out in Schedule 1.

(3) An offence created by subregulation (1) is a strict liability offence.

Note
Schedule 1 sets out the text of the provisions of the national code mentioned in the table as in force at the commencement of these Regulations. In considering the application of these provisions, you should refer to the full text of the national code available from www.detya.gov.au/esos.