Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person referred to in paragraph 129AAD(2)(b) contravenes this section if:
(a) the person is given a notice under section 129AAD requiring the person to do something in respect of a professional service; and
(b) the person fails to comply with the requirement within the period specified in the notice.
Civil penalty:
(a) for an individual--20 penalty units; and
(b) for a body corporate--100 penalty units.
(2) It is a defence in proceedings for a contravention of subsection (1) if:
(a) the failure to comply is brought about by another person over whom the person has no control or by a non - human act or event over which the person has no control; and
(b) the person could not reasonably be expected to guard against the failure.
Note: The defendant bears the onus of proving the matters necessary to establish the defence.