Document ID: chunk:federal_register_of_legislation:C2004A00770:clause:1_137
Version: federal_register_of_legislation:C2004A00770
Segment Type: clause
Provision Reference: sch 1 cl 137
Character Range: 36168–36761

137  Subsection 503(4)
Repeal the subsection, substitute:

 (4) A person is guilty of an offence if:
 (a) the ACCC has made an order under subsection (2); and
 (b) the person engages in conduct; and
 (c) the person's conduct contravenes the order.

Penalty: 50 penalty units.

 (5) Subsections (3) and (4) do not apply if the person has a reasonable excuse.

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

 (6) In this section:

engage in conduct means:
 (a) do an act; or
 (b) omit to perform an act.