Document ID: chunk:federal_register_of_legislation:C2004A00783:clause:1_24
Version: federal_register_of_legislation:C2004A00783
Segment Type: clause
Provision Reference: sch 1 cl 24
Character Range: 9465–10244

24  Subsection 118ZJ(5)
Repeal the subsection, substitute:

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

Penalty: Imprisonment for 6 months.

 (5A) An offence under subsection (5) is an offence of strict liability.

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

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

Note: The defendant bears an evidential burden in relation to the matter in subsection (5B). See subsection 13.3(3) of the Criminal Code.

 (5C) Subsection (5) does not apply 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 (5C). See subsection 13.3(3) of the Criminal Code.