Document ID: chunk:federal_register_of_legislation:C2024C00631:section:19:p2
Version: federal_register_of_legislation:C2024C00631
Segment Type: section
Provision Reference: s 19 (pt 2/2)
Character Range: 44261–45567

(c) the use of the name by the entity would be contrary to the law of the Commonwealth or of a referring/adopting State or an affected Territory.
Note 1: A defendant bears an evidential burden in relation to the matters in subsections (4) and (5): see subsection 13.3(3) of the Criminal Code.
Note 2: As an example, the use of a name would be contrary to the law of a referring/adopting State or an affected Territory if the law of that jurisdiction provided that the name could not be used without the consent of a relevant authority and that consent was not obtained.
 (6) The Minister may, by determination in writing, exempt an entity from the requirement to include a name or the entity's ABN in a written communication in connection with a specified business carried on under a specified business name, if the Minister is satisfied that the inclusion of that information in a written communication would create a serious risk to:
 (a) public safety; or
 (b) significant infrastructure such as:
 (i) transport infrastructure; or
 (ii) energy infrastructure; or
 (iii) communications infrastructure; or
 (iv) water infrastructure.
The determination is not a legislative instrument.
 (7) Subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.