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FUEL (PENALTY SURCHARGES) ADMINISTRATION ACT 1997 No. 166 of 1997 - SECT 9
Failure to pay penalty surcharge
(1) A person is guilty of an offence if:
(a) the person is liable to pay
penalty surcharge under subsection 8(2); and
(b) the person fails, before the event specified in that subsection, to
pay the penalty surcharge.
Penalty: A fine equal to 5 times the
amount of the penalty surcharge or 500 penalty units, whichever is the
greater.
Note: Chapter 2 of the Criminal Code sets out the general
principles of criminal responsibility.
(2) A person is guilty of an offence if:
(a) the person is liable to pay
penalty surcharge under subsection 8(2); and
(b) the person fails, before the event specified in that subsection, to
pay the penalty surcharge.
Penalty: A fine equal to the amount of the
penalty surcharge or 100 penalty units, whichever is the greater.
Note: Chapter 2 of the Criminal Code sets out the general principles
of criminal responsibility.
(3) Strict liability applies to subsection (2).
Note: For strict liability ,
see section 6.1 of the Criminal Code .
(4) A person is guilty of an offence if:
(a) the person is liable to pay
penalty surcharge under subsection 8(1) in a circumstance other than the
circumstance set out in paragraph (7)(b); and
(b) the person fails, before the event specified in subsection 8(1), to
pay the penalty surcharge.
Penalty: A fine equal to 5 times the
amount of the penalty surcharge or 500 penalty units, whichever is the
greater.
Note: Chapter 2 of the Criminal Code sets out the general
principles of criminal responsibility.
(5) A person is guilty of an offence if:
(a) the person is liable to pay
penalty surcharge under subsection 8(1) in a circumstance other than the
circumstance set out in paragraph (7)(b); and
(b) the person fails, before the event specified in subsection 8(1), to
pay the penalty surcharge.
Penalty: A fine equal to the amount of the
penalty surcharge or 100 penalty units, whichever is the greater.
Note: Chapter 2 of the Criminal Code sets out the general principles
of criminal responsibility.
(6) Strict liability applies to subsection (5).
Note: For strict liability ,
see section 6.1 of the Criminal Code .
(7) A person is guilty of an offence if:
(a) the person is liable to pay
penalty surcharge under subsection 8(1); and
(b) that liability arises because of the person's use of the fuel in an
internal combustion engine of a vessel or vehicle having a fuel tank
with a capacity that does not exceed 120 litres or such greater
capacity as the regulations prescribe; and
(c) the person fails, before the event specified in subsection 8(1), to
pay the penalty surcharge.
Penalty: 2 penalty units.
Note: Chapter 2
of the Criminal Code sets out the general principles of criminal
responsibility.
(8) A person is guilty of an offence if:
(a) the person is liable to pay
penalty surcharge under subsection 8(3) in a circumstance other than the
circumstance set out in paragraph (11)(b); and
(b) the person fails, before the event specified in subsection 8(3), to
pay the penalty surcharge.
Penalty: A fine equal to 5 times the
amount of the penalty surcharge or 500 penalty units, whichever is the
greater.
Note: Chapter 2 of the Criminal Code sets out the general
principles of criminal responsibility.
(9) A person is guilty of an offence if:
(a) the person is liable to pay
penalty surcharge under subsection 8(3) in a circumstance other than the
circumstance set out in paragraph (11)(b); and
(b) the person fails, before the event specified in subsection 8(3), to
pay the penalty surcharge.
Penalty: A fine equal to the amount of the
penalty surcharge or 100 penalty units, whichever is the greater.
Note: Chapter 2 of the Criminal Code sets out the general principles
of criminal responsibility.
(10) Strict liability applies to subsection (9).
Note: For strict liability ,
see section 6.1 of the Criminal Code .
(11) A person is guilty of an offence if:
(a) the person is liable to pay
penalty surcharge under subsection 8(3); and
(b) that liability arises because the person blends fuel in the tank of a
vessel or vehicle powered by an internal combustion engine where that
tank has a capacity that does not exceed 120 litres or such greater
capacity as the regulations prescribe; and
(c) the person fails, before the event specified in subsection 8(3), to
pay the penalty surcharge.
Penalty: 2 penalty units.
Note: Chapter 2
of the Criminal Code sets out the general principles of criminal
responsibility.
(12) If a person is convicted of an offence against subsection (1), (2), (4),
(5), (7), (8), (9) or (11), the court may, in addition to imposing a penalty
under that subsection, order the person to pay to the Commonwealth the amount
of the penalty surcharge not paid by the person.
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