s 26 Duty to notify Commissioner of contravention of Act in relation to modification works
26.—(1) If —(a) the holder of a modification permit; (b) any person who is directly engaged in the carrying out of the modification works authorised by the modification permit; or (c) the qualified person supervising the modification works, knows or ought reasonably to know of any contravention of this Act relating to the carrying out of the modification works, it is the duty of that person to notify the Commissioner, as soon as practicable, of the contravention. (2) Any person to whom subsection (1) applies who contravenes that subsection shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 months or to both. (3) It is a defence in any prosecution for a contravention of subsection (1) for the person charged to prove to the satisfaction of the court that the person did not know and could not reasonably have discovered the contravention referred to in the charge.