Clause 14

Every fixed installation owner of a fixed installation must carry out, or cause to be carried out, retrofitting of the fixed installation, whether or not of a prescribed age, in accordance with this section.(2) The retrofitting mentioned in subsection (1) must be —

completed within the time required by subsection (3); and

carried out by a person and in the manner prescribed under section 22C for the fixed installation concerned.(3) The time by which retrofitting of a fixed installation must be completed is —

the grace period prescribed for the fixed installation where —

there is no prescribed age for the fixed installation; or

the fixed installation is, on the applicable date for that fixed installation, of the prescribed age or older; or

the longer of the following periods, where the fixed installation is, on the applicable date for that fixed installation, below the prescribed age:

the grace period prescribed for that fixed installation;

the period starting on the applicable date for that fixed installation and ending immediately before the fixed installation attains the prescribed age.(4) A fixed installation owner who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —

to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both; and

in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.(5) In any proceedings for an offence under subsection (4), it is a defence for an accused to prove, on a balance of probabilities, that the accused was not the fixed installation owner of the fixed installation —

at any time during the grace period prescribed for that fixed installation; or

before the fixed installation attained the prescribed age.”.