Document ID: chunk:federal_register_of_legislation:C2004A00794:clause:42_15
Version: federal_register_of_legislation:C2004A00794
Segment Type: clause
Provision Reference: sch 42 cl 15
Character Range: 144329–144857

15  After subsection 11(2)
Insert:

 (2A) For the purposes of an offence against subsection (1) or (2), absolute liability applies to the physical element of circumstance of the offence, that the premises are in a Territory.

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

 (2B) Subsection (1) and paragraph (2)(c) do not apply if the person has a reasonable excuse.

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