FUEL (PENALTY SURCHARGES) ADMINISTRATION ACT 1997 (REPEALED)

PART 2 - LIABILITY TO PAY PENALTY SURCHARGE  

SECTION 9 (Repealed by 74 of 2006)   FAILURE TO PAY PENALTY SURCHARGE  

9(1)
A person is guilty of an offence if:

(a) the person is liable to pay penalty surcharge under subsection 8(2) ; and

(b) the person fails, before the event specified in that subsection, to pay the penalty surcharge.

Penalty: A fine equal to 5 times the amount of the penalty surcharge or 500 penalty units, whichever is the greater.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

9(2)
A person is guilty of an offence if:

(a) the person is liable to pay penalty surcharge under subsection 8(2) ; and

(b) the person fails, before the event specified in that subsection, to pay the penalty surcharge.

Penalty: A fine equal to the amount of the penalty surcharge or 100 penalty units, whichever is the greater.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

9(3)
Strict liability applies to subsection (2).

Note: For strict liability , see section 6.1 of the Criminal Code .

9(4)
A person is guilty of an offence if:

(a) the person is liable to pay penalty surcharge under subsection 8(1) in a circumstance other than the circumstance set out in paragraph (7)(b); and

(b) the person fails, before the event specified in subsection 8(1) , to pay the penalty surcharge.

Penalty: A fine equal to 5 times the amount of the penalty surcharge or 500 penalty units, whichever is the greater.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

9(5)
A person is guilty of an offence if:

(a) the person is liable to pay penalty surcharge under subsection 8(1) in a circumstance other than the circumstance set out in paragraph (7)(b); and

(b) the person fails, before the event specified in subsection 8(1) , to pay the penalty surcharge.

Penalty: A fine equal to the amount of the penalty surcharge or 100 penalty units, whichever is the greater.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

9(6)
Strict liability applies to subsection (5).

Note: For strict liability , see section 6.1 of the Criminal Code .

9(7)
A person is guilty of an offence if:

(a) the person is liable to pay penalty surcharge under subsection 8(1) ; and

(b) that liability arises because of the person's use of the fuel in an internal combustion engine of a vessel or vehicle having a fuel tank with a capacity that does not exceed 120 litres or such greater capacity as the regulations prescribe; and

(c) the person fails, before the event specified in subsection 8(1) , to pay the penalty surcharge.

Penalty: 2 penalty units.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

9(8)
A person is guilty of an offence if:

(a) the person is liable to pay penalty surcharge under subsection 8(3) in a circumstance other than the circumstance set out in paragraph (11)(b); and

(b) the person fails, before the event specified in subsection 8(3) , to pay the penalty surcharge.

Penalty: A fine equal to 5 times the amount of the penalty surcharge or 500 penalty units, whichever is the greater.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

9(9)
A person is guilty of an offence if:

(a) the person is liable to pay penalty surcharge under subsection 8(3) in a circumstance other than the circumstance set out in paragraph (11)(b); and

(b) the person fails, before the event specified in subsection 8(3) , to pay the penalty surcharge.

Penalty: A fine equal to the amount of the penalty surcharge or 100 penalty units, whichever is the greater.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

9(10)
Strict liability applies to subsection (9).

Note: For strict liability , see section 6.1 of the Criminal Code .

9(11)
A person is guilty of an offence if:

(a) the person is liable to pay penalty surcharge under subsection 8(3) ; and

(b) that liability arises because the person blends fuel in the tank of a vessel or vehicle powered by an internal combustion engine where that tank has a capacity that does not exceed 120 litres or such greater capacity as the regulations prescribe; and

(c) the person fails, before the event specified in subsection 8(3) , to pay the penalty surcharge.

Penalty: 2 penalty units.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

9(12)
If a person is convicted of an offence against subsection (1), (2), (4), (5), (7), (8), (9) or (11), the court may, in addition to imposing a penalty under that subsection, order the person to pay to the Commonwealth the amount of the penalty surcharge not paid by the person.