Document ID: chunk:federal_register_of_legislation:C2004A00912:clause:1_5
Version: federal_register_of_legislation:C2004A00912
Segment Type: clause
Provision Reference: sch 1 cl 5
Character Range: 3381–4403

5  Subsection 37(2)
Repeal the subsection, substitute:

 (2) A person must not refuse to comply with a notice served on the person under subsection (1).

Penalty:
 (a) in the case of a natural person—$2,000; or
 (b) in the case of a body corporate—$10,000.

 (3) Subsection (2) does not apply if the person has a reasonable excuse.

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

 (4) A person must not fail to comply with a notice served on the person under subsection (1).

Penalty:
 (a) in the case of a natural person—$2,000; or
 (b) in the case of a body corporate—$10,000.

 (5) Subsection (4) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (5), see subsection 13.3(3) of the Criminal Code.

 (6) An offence against subsection (4) is an offence of strict liability.

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