Commonwealth Consolidated Regulations

DEFENCE (AREAS CONTROL) REGULATIONS 1989 - REG 11

(1) A person is guilty of an offence if:

(a)

the person is granted approval under regulation 10; and

(b)

the approval is subject to a condition; and

(c)

the person does not comply with the condition.

Penalty:   20 penalty units.

(1A)

An offence under this regulation is an offence of strict liability.

Note    For strict liability , see section 6.1 of the Criminal Code .

(1B) It is a defence if the person had a reasonable excuse for the relevant conduct.

Note    A defendant bears an evidential burden in relation to the matter in subregulation (1B) (see section 13.3 of the Criminal Code ).

(2)

Where the Minister receives notice in writing of an application under regulation 20 by a person to the Tribunal for review of a decision:

(a)

under subregulation 10 (2) to impose a condition subject to which a building may be constructed; or

(b)

under subregulation 10 (3) to impose, or vary, a condition with respect to the marking of a building;

proceedings under subregulation (1) against the person for failure to comply with that condition, or that condition as so varied, as the case requires, must not be commenced, or be continued until:

(c)

the application is withdrawn by the person; or

(d)

the application is dismissed by the Tribunal; or

(e)

any other decision of the Tribunal on the application comes into operation.