Document ID: chunk:federal_register_of_legislation:C2004A00882:clause:1_23
Version: federal_register_of_legislation:C2004A00882
Segment Type: clause
Provision Reference: sch 1 cl 23
Character Range: 8014–9025

23  After subsection 69B(1)
Insert:

 (1A) 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 (1A). See subsection 13.3(3) of the Criminal Code.

 (1B) Subsection (1) does not apply if the person has the NRA's written consent.

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 subparagraph (1)(a)(i), strict liability applies to the physical element of circumstance, that the active constituent is neither an approved active constituent nor an exempt active constituent.

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

 (1D) In subparagraph (1)(a)(ii), strict liability applies to the physical element of circumstance, that the chemical product is neither a registered chemical product nor an exempt chemical product.

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