Document ID: chunk:federal_register_of_legislation:C2004A00884:clause:1_128
Version: federal_register_of_legislation:C2004A00884
Segment Type: clause
Provision Reference: sch 1 cl 128
Character Range: 30789–31542

128  After subsection 471A(2)
Insert:

 (2A) Subsection (2) does not apply to the extent that the performance or exercise, or purported performance or exercise, is:
 (a) as a provisional liquidator of the company; or
 (b) as an administrator appointed for the purposes of an administration of the company beginning after the provisional liquidator was appointed; or
 (c) with the provisional liquidator's written approval; or
 (d) with the approval of the Court.

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

 (2B) An offence based on subsection (1) or (2) is an offence of strict liability.

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