Commonwealth Consolidated Acts

OZONE PROTECTION AND SYNTHETIC GREENHOUSE GAS MANAGEMENT ACT 1989 - SECT 60

Causing seized goods to be moved etc.

  (1)   A person contravenes this subsection if:

  (a)   the person engages in conduct; and

  (b)   the conduct causes goods to be moved, altered or interfered with; and

  (c)   the goods are the subject of a notice under subsection   59(2).

  (2)   Subsection   (1) does not apply if the person engages in the conduct in accordance with a direction given to the person by the Secretary.

Note:   A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection. See subsection   13.3(3) of the Criminal Code and section   96 of the Regulatory Powers Act.

Failing to take precautions to prevent moving etc. of seized goods

  (3)   A person contravenes this subsection if:

  (a)   the person is given under subsection   59(3) a copy of a notice under subsection   59(2); and

  (b)   the person fails to take all reasonable precautions, or to exercise all due diligence, to prevent the moving, alteration or interference with the goods to which the notice relates except in accordance with a direction given by the Secretary.

Penalties

  (4)   A person commits an offence if the person contravenes subsection   (1) or (3).

Note:   The physical elements of an offence against this subsection are set out in the subsection contravened (see subsection   6B(3)).

Penalty:   500 penalty units.

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

Penalty:   60 penalty units.

  (6)   A person is liable to a civil penalty if the person contravenes subsection   (1) or (3).

Civil penalty:   600 penalty units.