Australian Capital Territory Current Acts

CEMETERIES AND CREMATORIA ACT 2020 - SECT 124

    (1)     A person commits an offence if—

        (a)     a code of practice applies to the person; and

        (b)     the person engages in conduct; and

        (c)     the conduct results in a failure to comply with a requirement of the code of practice; and

        (d)     the person is reckless about whether the conduct complies with the code of practice.

Maximum penalty: 100 penalty units.

    (2)     A person commits an offence if—

        (a)     a code of practice applies to the person; and

        (b)     the person fails to comply with a requirement of the code of practice.

Maximum penalty: 50 penalty units.

    (3)     Subsections (1) and (2) do not apply if—

        (a)     a direction has been given to the person under division 5.2 (Directions) about the requirement; and

        (b)     the person has complied with the direction.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code

, s 58).

    (4)     An offence against subsection (2) is a strict liability offence.