§ 139 — Non-compliance with Part 7 direction

139.—(1) A person to whom a Part 7 direction (except a declaration direction) is addressed and given commits an offence if the person —(a)

carries on an activity in contravention of the direction;

(b)

neglects or refuses to comply with the direction; or

(c)

fails to comply with a condition specified in the direction.

(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)

where the person is an individual —(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).

(4) Where any information which is required by a declaration direction to be given to the Director‑General is not given or is not given within the time delimited under section 127(3), then the person given the direction shall be guilty of an offence and shall be liable on conviction —(a)

where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $10,000.

(5) Subsections (1) and (4) do not apply if the person has a reasonable excuse.

(6) The ordinary meaning of “reasonable excuse” is affected by sections 258 and 259.

—(1) A person to whom a Part 7 direction (except a declaration direction) is addressed and given commits an offence if the person —(a)

carries on an activity in contravention of the direction;

(b)

neglects or refuses to comply with the direction; or

(c)

fails to comply with a condition specified in the direction.

(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)

where the person is an individual —(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).

(4) Where any information which is required by a declaration direction to be given to the Director‑General is not given or is not given within the time delimited under section 127(3), then the person given the direction shall be guilty of an offence and shall be liable on conviction —(a)

where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $10,000.

(5) Subsections (1) and (4) do not apply if the person has a reasonable excuse.

(6) The ordinary meaning of “reasonable excuse” is affected by sections 258 and 259.