Document ID: chunk:federal_register_of_legislation:C2004A00882:clause:1_88
Version: federal_register_of_legislation:C2004A00882
Segment Type: clause
Provision Reference: sch 1 cl 88
Character Range: 23828–24715

88  After subsection 91(1) of the Schedule
Insert:

 (1A) Subsection (1) does not apply to the extent that the person's conduct is otherwise authorised by a permit.

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) Subsection (1) does not apply if the person has a reasonable excuse.

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

 (1C) In subsection (1), strict liability applies to the physical elements of circumstance, that:
 (a) the NRA has not approved the relevant matter as mentioned in paragraph (1)(a); and
 (b) an expiry date was required to be contained on the label as a condition of the registration of the product.

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