Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person whose taking of an action has been approved under this Part commits 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.
Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Note 2: 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 3: An executive officer of a body corporate convicted of an offence against this section may also commit an offence against section 495.
Note 4: If a person takes an action on land that contravenes this section, a landholder may commit an offence against section 496C.
(2) Subsection (1) does not apply to a person who is not the holder of the approval if:
(a) the person was not informed of the condition; and
(b) the person could not reasonably have been expected to be aware of the condition.
Note: The defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3) of the Criminal Code .
(3) Subsection (1) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .