Maintenance of Racial Harmony Act 2025 · s 26

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—(1) If a removal direction against a designated entity is not complied with —(a)the entity commits an offence; and(b)each person who is a member of the governing body of the entity at any time while the removal direction is not complied with also commits an offence.(2) To avoid doubt, a person’s liability under subsection (1)(b) is not affected by the fact that the person is or may be liable to be removed under a removal direction or a foreign influence restraining order.(3) In any proceedings for an offence under subsection (1)(a), it is a defence for the accused to prove, on a balance of probabilities, that the accused took all reasonable steps to comply with the removal direction.(4) In any proceedings for an offence under subsection (1)(b), it is a defence for the accused to prove, on a balance of probabilities, that the accused took all reasonable steps to ensure that the entity complies with the removal direction.(5) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)to a fine not exceeding $5,000; and(b)in the case of a continuing offence, to a further fine of $1,000 for every day or part of a day during which the offence continues after conviction.
If a removal direction against a designated entity is not complied with —(a)the entity commits an offence; and(b)each person who is a member of the governing body of the entity at any time while the removal direction is not complied with also commits an offence.
To avoid doubt, a person’s liability under subsection (1)(b) is not affected by the fact that the person is or may be liable to be removed under a removal direction or a foreign influence restraining order.
In any proceedings for an offence under subsection (1)(a), it is a defence for the accused to prove, on a balance of probabilities, that the accused took all reasonable steps to comply with the removal direction.
In any proceedings for an offence under subsection (1)(b), it is a defence for the accused to prove, on a balance of probabilities, that the accused took all reasonable steps to ensure that the entity complies with the removal direction.
A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)to a fine not exceeding $5,000; and(b)in the case of a continuing offence, to a further fine of $1,000 for every day or part of a day during which the offence continues after conviction.

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s 26Offence if removal direction not complied with

(1)

If a removal direction against a designated entity is not complied with —

(a)

the entity commits an offence; and

(b)

each person who is a member of the governing body of the entity at any time while the removal direction is not complied with also commits an offence.

(2)

To avoid doubt, a person’s liability under subsection (1)(b) is not affected by the fact that the person is or may be liable to be removed under a removal direction or a foreign influence restraining order.

(3)

In any proceedings for an offence under subsection (1)(a), it is a defence for the accused to prove, on a balance of probabilities, that the accused took all reasonable steps to comply with the removal direction.

(4)

In any proceedings for an offence under subsection (1)(b), it is a defence for the accused to prove, on a balance of probabilities, that the accused took all reasonable steps to ensure that the entity complies with the removal direction.

(5)

A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

to a fine not exceeding $5,000; and

(b)

in the case of a continuing offence, to a further fine of $1,000 for every day or part of a day during which the offence continues after conviction.