Document ID: chunk:federal_register_of_legislation:C2007C00177:clause:1_54
Version: federal_register_of_legislation:C2007C00177
Segment Type: clause
Provision Reference: sch 1 cl 54
Character Range: 20257–20829

54  At the end of section 106
Add:

 (6) Subsection (5) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code).

 (7) For the purposes of an offence against subsection (5), strict liability applies to the physical element, that the introduction or exportation of the industrial chemical is in contravention of a regulation or condition as mentioned in that subsection.

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