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CARBON CREDITS (CARBON FARMING INITIATIVE) ACT 2011 - SECT 232

Continuing contraventions

  (1)   If an act or thing is required, under a civil penalty provision of this Act, to be done within a particular period, or before a particular time, then the obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.

  (2)   A person who contravenes any of the following civil penalty provisions:

  (a)   subsection   76(1);

  (b)   subsection   78(2);

  (c)   subsection   79(2);

  (d)   subsection   80(2);

  (e)   subsection   81(2);

  (f)   subsection   82(2);

  (g)   subsection   82(3);

  (h)   subsection   83(2);

  (i)   subsection   84(2);

  (j)   subsection   85(5);

  (k)   subsection   185(4);

  (l)   subsection   193(2);

  (m)   subsection   194(2);

  (n)   subsection   214(4);

  (o)   subsection   214(5);

commits a separate contravention of that provision in respect of each day (including a day of the making of a relevant civil penalty order or any subsequent day) during which the contravention continues.

  (3)   The pecuniary penalty payable under subsection   221(1) for such a separate contravention in respect of a particular day must not exceed:

  (a)   in the case of a contravention of subsection   185(4)--10% of the maximum pecuniary penalty that could have been imposed for the contravention if subsection   (2) of this section had not been enacted; or

  (b)   otherwise--5% of the maximum pecuniary penalty that could have been imposed for the contravention if subsection   (2) of this section had not been enacted.

 



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