Document ID: chunk:federal_register_of_legislation:C2004A00912:clause:1_71
Version: federal_register_of_legislation:C2004A00912
Segment Type: clause
Provision Reference: sch 1 cl 71
Character Range: 17091–17698

71  Subsection 30(2)
Repeal the subsection, substitute:

 (2) A person must not:
 (a) refuse to comply with a notice under this section; or
 (b) fail to comply with a notice under this section.

Penalty: $1,000.

 (2A) Subsection (2) does not apply to the extent that the person is not capable of complying with the notice.

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

 (2B) An offence against paragraph (2)(b) is an offence of strict liability.

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