Document ID: chunk:federal_register_of_legislation:C2004A00783:clause:1_10
Version: federal_register_of_legislation:C2004A00783
Segment Type: clause
Provision Reference: sch 1 cl 10
Character Range: 4670–5264

10  Subsection 54AA(7)
Repeal the subsection, substitute:

 (7) A person must not fail to comply with a notice under subsection (1) or (3).

Penalty: Imprisonment for 6 months.

 (8) An offence under subsection (7) is an offence of strict liability.

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

 (9) A person does not commit an offence under subsection (7) to the extent that the person is not capable of complying with the notice.

Note: The defendant bears an evidential burden in relation to the matter in subsection (9). See subsection 13.3(3) of the Criminal Code.