Victorian Consolidated Legislation

Domestic Building Contracts Act 1995 - SECT 128

Continuing offences-default penalty

128. Continuing offences-default penalty



(1) If a person is convicted of an offence against this Act in respect of
which a default penalty is provided, or is served with an infringement notice
in relation to such an offence, the person is guilty of a further offence in
respect of each day the offence continues after the conviction or service of
the notice and is liable to be fined up to the amount specified as the default
penalty.

(2) If an offence in respect of which there is a default penalty is committed
by failing to comply with a provision of this Act within a period of time
specified in the provision, for the purposes of this section the offence is
deemed to continue even though that period of time has elapsed.

(3) Subsection (1) does not apply if, owing to a circumstance such as the loss
of a document needed to comply with this Act, it is not possible for a person
to comply with the provision in respect of which the offence was committed.

(4) Subsection (1) also does not apply if-

   (a)  an infringement notice is served; and

   (b)  one of the following occurs-

   (i)  the infringement notice is withdrawn and no further proceedings are
        taken; or

   (ii) the offence in respect of which the infringement notice was issued is
        tried before a court and the court does not find the offence proven.



(5) If an infringement notice may be served in respect of an offence in
respect of which there is a default penalty, it may also be served in respect
of the continuing offence if an infringement notice default penalty is listed
in column 2 of Schedule 2 with respect to the offence.

(6) If an infringement notice may be served with respect to a continuing
offence-

   (a)  there is no limit to the number of infringement notices that may be
        served with respect to the offence; and

   (b)  an infringement notice may be served with respect to a period of more
        than 1 day.

(7) This section applies despite anything to the contrary in the
Infringements Act 2006.



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