Subpart 4—Offences and penalties

Subpart 4: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

129 Offences in relation to failure to comply with various provisions

(1)

A person commits an offence against this Act if the person—

(a)

is a participant in any year and, without reasonable excuse, fails to comply with section 62 (other than by submitting an emissions return containing incorrect calculations); or

(b)

without reasonable excuse,—

(i)

fails to notify the EPA under section 56 that the person is carrying out an activity listed in Schedule 3; or

(ii)

fails to submit an emissions return when required to do so; or

(iia)

fails to comply with the requirements relating to the calculation of, application for, or notification of an annual allocation adjustment or closing allocation adjustment under section 83 or 84, including where required to comply with section 84(1)(a) to (c) by the EPA under section 84(2)(c); or

(iii)

fails to keep records as required—

(A)

under section 67 or 86D; or

(B)
[Repealed]

(C)

by the pre-1990 forest land allocation plan; or

(iv)

fails to notify the EPA of a matter that is required to be notified under section 112; or

(v)

fails to notify the EPA, within the time required, of a matter required to be notified under section 84(2)(b) or 192(3).

(2)

Every person who is convicted of an offence against subsection (1) is liable on conviction,—

(a)

the first time the person is convicted of that offence, to a fine not exceeding $8,000:

(b)

the second time the person is convicted of that offence, to a fine not exceeding $16,000:

(c)

on every subsequent occasion that the person is convicted of that offence, to a fine not exceeding $24,000.

Section 129: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 129 heading: replaced, on 1 January 2013, by section 50 of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

Section 129(1)(a): amended, on 1 January 2021, by section 218 of the Climate Change Response (Emissions Trading Reform) Amendment Act 2020 (2020 No 22).

Section 129(1)(b)(i): amended, on 5 December 2011, by section 19 of the Climate Change Response Amendment Act 2011 (2011 No 15).

Section 129(1)(b)(ii): amended, on 23 June 2020, by section 116(1) of the Climate Change Response (Emissions Trading Reform) Amendment Act 2020 (2020 No 22).

Section 129(1)(b)(iia): inserted, on 8 December 2009, by section 42(1) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 129(1)(b)(iia): amended, on 5 December 2011, by section 19 of the Climate Change Response Amendment Act 2011 (2011 No 15).

Section 129(1)(b)(iii): substituted, on 8 December 2009, by section 42(1) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 129(1)(b)(iii)(B): repealed, on 23 June 2020, by section 116(2) of the Climate Change Response (Emissions Trading Reform) Amendment Act 2020 (2020 No 22).

Section 129(1)(b)(iii)(C): amended, on 23 June 2020, by section 116(3) of the Climate Change Response (Emissions Trading Reform) Amendment Act 2020 (2020 No 22).

Section 129(1)(b)(iv): amended, on 5 December 2011, by section 19 of the Climate Change Response Amendment Act 2011 (2011 No 15).

Section 129(1)(b)(v): substituted, on 8 December 2009, by section 42(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 129(1)(b)(v): amended, on 5 December 2011, by section 19 of the Climate Change Response Amendment Act 2011 (2011 No 15).

Section 129(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).