South Australian Numbered Acts South Australian Numbered Acts10—Insertion of sections 35A and 35B
After section 35 insert:
35A—Person must not breach conditions of emergency dealing determination
(1) A person is guilty
of an offence if—
(a) the
person intentionally takes an action or omits to take an action; and
(b) the
person has knowledge of the conditions to which an emergency dealing
determination is subject; and
(c) the
action or omission contravenes such a condition, and the person knows or is
reckless as to that fact.
(2) An offence under
this section is punishable on conviction by whichever of the following
applies:
(a) in
the case of an aggravated offence—imprisonment for a term not exceeding
5 years or a fine not exceeding $220 000;
(b) in
any other case—imprisonment for a term not exceeding 2 years or a
fine not exceeding $55 000.
Notes—
1 Section 38 defines "aggravated offence .
2 This section differs from section 35A of the
Commonwealth Act.
35B—Person must not breach conditions of emergency dealing
determination—strict liability offence
(1) A person is guilty
of an offence if—
(a) the
person takes an action or omits to take an action; and
(b) the
person has knowledge of the conditions to which an emergency dealing
determination is subject; and
(c) the
action or omission by the person contravenes such a condition.
(2) Strict liability
applies to subsection (1)(a) and (c).
(3) An offence under
this section is punishable on conviction by a fine of not more than whichever
of the following amounts applies:
(a) in
the case of an aggravated offence—$22 000;
(b) in
any other case—$5 500.
Notes—
1 Section 38 defines "aggravated offence .
2 This section differs from section 35B of the
Commonwealth Act.