(1) A party to a registered Aboriginal intangible heritage agreement is guilty of an offence if—
(a) the party does an act that fails to comply with the conditions of the Aboriginal intangible heritage agreement; and
(b) at the time of doing the act the party knew that the act failed to comply with the conditions of the agreement.
(2) A party to a registered Aboriginal intangible heritage agreement who is guilty of an offence under subsection (1) is liable to a penalty not exceeding—
(a) in the case of a natural person, 600 penalty units;
(b) in the case of a body corporate, 3000 penalty units.
(3) A party to a registered Aboriginal intangible heritage agreement is guilty of an offence if—
(a) the party does an act that fails to comply with the conditions of the Aboriginal intangible heritage agreement; and
(b) at the time of doing the act the party was reckless as to whether the act failed to comply with the conditions of the agreement.
(4) A party to a registered Aboriginal intangible heritage agreement who is guilty of an offence under subsection (3) is liable to a penalty not exceeding—
(a) in the case of a natural person,
300 penalty units;
(b) in the case of a body corporate,
1500 penalty units.
(5) A party to a registered Aboriginal intangible heritage agreement is guilty of an offence if—
(a) the party does an act that fails to comply with the conditions of the Aboriginal intangible heritage agreement; and
(b) at the time of doing the act the party was negligent as to whether the act failed to comply with the conditions of the agreement.
(6) A party to a registered Aboriginal intangible heritage agreement who is guilty of an offence under subsection (5) is liable to a penalty not exceeding—
(a) in the case of a natural person,
60 penalty units;
(b) in the case of a body corporate,
300 penalty units.
Note
Section 187A applies to an offence against subsection (1), (3) or (5).
S. 79I inserted by No. 11/2016 s. 59.