Northern Territory Numbered Regulations

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CITY OF DARWIN BY-LAWS 2023 (NO 17 OF 2023) - REG 146

Failure to comply with enforcement notice

    (1)     A person commits an offence if:

(a)     the person is issued with an enforcement notice; and

(b)     the person does not comply with the enforcement notice.

Maximum penalty:     50 penalty units.

Note for clause (1)

The infringement amount is 2 penalty units.

    (2)     An offence against clause (1) is an offence of strict liability.

    (3)     It is a defence to a prosecution for an offence against clause (1) if the defendant took all reasonable steps and exercised due diligence to comply with the enforcement notice.

Note for clause (3)

The defendant has an evidential burden in relation to this defence (see section 43BU of the Criminal Code).

    (4)     If a person fails to comply with an enforcement notice, a person authorised by the City may, after reasonable notice to the owner or occupier of any land that is subject to the notice, enter the land and carry out all or part of the work, or take other action, required under the notice.



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