Document ID: chunk:federal_register_of_legislation:C2004A00783:clause:1_8
Version: federal_register_of_legislation:C2004A00783
Segment Type: clause
Provision Reference: sch 1 cl 8
Character Range: 3463–4066

8  Subsection 54(6)
Repeal the subsection, substitute:

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

Penalty: $1,000 or imprisonment for 6 months, or both.

 (7) An offence under subsection (6) is an offence of strict liability.

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

 (8) A person does not commit an offence under subsection (6) 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 (8). See subsection 13.3(3) of the Criminal Code.