Document ID: chunk:federal_register_of_legislation:C2004A00782:clause:1_119
Version: federal_register_of_legislation:C2004A00782
Segment Type: clause
Provision Reference: sch 1 cl 119
Character Range: 28634–29344

119  Subsection 60(1)
Repeal the subsection, substitute:

 (1) A person is guilty of an offence if:
 (a) the person engages in conduct; and
 (b) the conduct causes goods to be moved, altered or interfered with; and
 (c) the goods are the subject of a notice under subsection 59(2).

Penalty: Imprisonment for 2 years.

 (1A) Subsection (1) does not apply if the person engages in the conduct in accordance with a direction given to the person by the Minister.

Note: The defendant bears an evidential burden in relation to the matter in subsection (1A). See subsection 13.3(3) of the Criminal Code.

 (1B) In subsections (1) and (1A):

engage in conduct means:
 (a) do an act; or
 (b) omit to perform an act.