Document ID: chunk:federal_register_of_legislation:C2004A00794:clause:21_115
Version: federal_register_of_legislation:C2004A00794
Segment Type: clause
Provision Reference: sch 21 cl 115
Character Range: 106808–107321

115  After subsection 233BAA(5)
Insert:

 (5A) Subject to subsection (5B), absolute liability applies to paragraph (5)(c).

Note: For absolute liability, see section 6.2 of the Criminal Code.

 (5B) For the purposes of an offence against subsection (5), strict liability applies to the physical element of circumstance of the offence, that an approval referred to in subparagraph (5)(c)(ii) had not been obtained at the time of the exportation.

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