Northern Territory Numbered Acts Northern Territory Numbered Acts(1) A person commits an offence if:
(a) the person is a mobile operator for a registered business; and
(b) the registration of the business is subject to a condition; and
(c) the person engages in conduct that results in a contravention of the condition.
Fault elements:
The person:
(a) knows the registration is subject to a condition; and
(b) intentionally engages in the conduct; and
(c) is reckless as to whether the conduct would result in a contravention of the condition.
Maximum penalty: 100 penalty units.
(2) A person commits an offence if:
(a) the person is the proprietor of a registered business; and
(b) the registration of the business is subject to a condition; and
(c) a mobile operator for the business engages in conduct that results in a contravention of the condition.
Maximum penalty: 100 penalty units.
(3) An offence against subsection (2) is an offence of strict liability.
(4) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves the defendant used all due diligence to ensure the mobile operator complied with the condition.
(5) The proprietor of a business may be prosecuted for and found guilty of an offence against subsection (2) even if the mobile operator has not been prosecuted for an offence against subsection (1).