Commonwealth Consolidated Acts

OFFSHORE ELECTRICITY INFRASTRUCTURE ACT 2021 - SECT 128

  (1)   A person contravenes this subsection if:

  (a)   the person is subject to a direction under:

  (i)   section   126 (remedial directions by the Regulator); or

  (ii)   section   127 (remedial directions by the Minister); and

  (b)   the person engages in conduct; and

  (c)   the person's conduct breaches the direction.

Fault - based offence

  (2)   A person commits an offence if the person contravenes subsection   (1).

Penalty:   5 years imprisonment or 2,000 penalty units, or both.

Strict liability offence

  (3)   A person commits an offence of strict liability if the person contravenes subsection   (1).

Penalty:   100 penalty units.

Civil penalty provision

  (4)   A person is liable to a civil penalty if the person contravenes subsection   (1).

Civil penalty:   525 penalty units.

Continuing offences and continuing contraventions of civil penalty provisions

  (5)   The maximum penalty for each day that an offence under subsection   (2) or (3) continues is 10% of the maximum penalty that can be imposed in respect of that offence.

Note:   Subsections   (2) and (3) are continuing offences under section   4K of the Crimes Act 1914 .

  (6)   The maximum civil penalty for each day that a contravention of subsection   (4) continues is 10% of the maximum civil penalty that can be imposed in respect of that contravention.

Note:   Subsection   (4) is a continuing civil penalty provision under section   93 of the Regulatory Powers Act.