Document ID: chunk:federal_register_of_legislation:C2004A00884:clause:1_152
Version: federal_register_of_legislation:C2004A00884
Segment Type: clause
Provision Reference: sch 1 cl 152
Character Range: 36176–37608

152  After subsection 590(1)
Insert:

 (2) Absolute liability applies to so much of an offence based on paragraph (1)(c), (g) or (h) as requires that an event occur within 10 years next before the relevant day or at a time on or after that day.

Note: For absolute liability, see section 6.2 of the Criminal Code.

 (3) Paragraph (1)(a) does not apply to the extent that the person is not capable of disclosing the information referred to in that paragraph.

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

 (4) A person who, being a past or present officer of a company to which this section applies, does not deliver up to, or in accordance with the directions of, the appropriate officer:
 (a) all the property of the company in the person's possession; or
 (b) all books in the person's possession belonging to the company (except books of which the person is entitled, as against the company and the appropriate officer, to retain possession);
contravenes this subsection.

 (4A) A person who, being a past or present officer of a company and knowing or believing that a false debt has been proved by a person, fails for a period of one month to inform the appropriate officer of his or her knowledge or belief contravenes this subsection.

 (4B) A person must not intentionally or recklessly fail to comply with subsection (4) or (4A).