Document ID: chunk:federal_register_of_legislation:C2007C00177:clause:1_158
Version: federal_register_of_legislation:C2007C00177
Segment Type: clause
Provision Reference: sch 1 cl 158
Character Range: 38518–39530

158  Section 313
Repeal the section, substitute:

 (1) A person must not:
 (a) refuse or fail to comply with a direction under subsection 215(1); or
 (b) hinder or obstruct:
 (i) an electoral official in the performance of functions in relation to an election for an office in, or in a branch of, an organisation; or
 (ii) any other person in complying with a direction under that subsection.

Penalty:
 (a) in the case of a natural person—$500 or imprisonment for 6 months, or both; and
 (b) in the case of a body corporate—$1,000.

 (2) Paragraph (1)(a) does not apply so far as the person is not capable of complying with the direction.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

 (3) For the purposes of an offence against subsection (1), strict liability applies to the physical element, that the person fails as mentioned in paragraph (1)(a).

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