Document ID: chunk:federal_register_of_legislation:C2004C01260:clause:1_255
Version: federal_register_of_legislation:C2004C01260
Segment Type: clause
Provision Reference: sch 1 cl 255
Character Range: 47481–48579

255  Subsections 65Q(9) and (9A)
Repeal the subsections, substitute:

 (9) A person who refuses or fails to comply with a notice under this section is guilty of an offence punishable on conviction by a fine not exceeding 40 penalty points.

 (9A) Subsection (9) does not apply if the person complies with the notice to the extent to which the person is capable of complying with it.

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

 (9B) Subsection (9) is an offence of strict liability.

Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2: For strict liability, see section 6.1 of the Criminal Code.

 (9C) If:
 (a) a person, in purported compliance with a notice under this section, furnishes information or gives evidence; and
 (b) the person does so knowing that the information or evidence is false or misleading in a material particular;
the person is guilty of an offence punishable on conviction by imprisonment for not longer than 12 months.