Commonwealth Consolidated Acts

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FINANCIAL ACCOUNTABILITY REGIME ACT 2023 - SECT 66

Offence provision for non - compliance with a direction

Accountable entity

  (1)   An accountable entity contravenes this subsection if:

  (a)   the accountable entity is given a direction under section   64 or 65; and

  (b)   the accountable entity fails to comply with the direction.

  (2)   An accountable entity commits an offence if the accountable entity contravenes subsection   (1).

Note 1:   Chapter   2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2:   See also subsection   4B(3) (body corporate multiplier) and section   4K (continuing and multiple offences) of the Crimes Act 1914 .

Note 3:   An accountable entity may also contravene a civil penalty provision if it fails to comply with a direction given under section   65 (see paragraph   23(1)(c) and section   80).

Penalty:   50 penalty units.

Officer of accountable entity

  (3)   An officer of an accountable entity contravenes this subsection if:

  (a)   the accountable entity is given a direction under section   64 or 65; and

  (b)   the officer fails to take reasonable steps to ensure that the accountable entity complies with the direction; and

  (c)   the officer's duties include ensuring that the accountable entity complies with the direction; and

  (d)   the accountable entity fails to comply with the direction.

  (4)   An officer of an accountable entity commits an offence if the officer contravenes subsection   (3).

Note 1:   Chapter   2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2:   See also subsection   4B(3) (body corporate multiplier) and section   4K (continuing and multiple offences) of the Crimes Act 1914 .

Penalty:   50 penalty units.



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