Document ID: chunk:federal_register_of_legislation:C2004A00803:clause:1_6
Version: federal_register_of_legislation:C2004A00803
Segment Type: clause
Provision Reference: sch 1 cl 6
Character Range: 4207–5012

6  Subsection 31(4)
Repeal the subsection, substitute:

 (4) A person must comply with a notice given to the person under this section.

 (4A) A person is guilty of an offence if:
 (a) the person refuses or fails to do an act; and
 (b) the refusal or failure causes a contravention of subsection (4).

Penalty: Imprisonment for 1 year.

 (4B) Subsection (4A) does not apply if the person has a reasonable excuse.

Note: The defendant bears an evidential burden in relation to the matter in subsection (4B). See subsection 13.3(3) of the Criminal Code.

 (4C) Subsection (4A) 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 (4C). See subsection 13.3(3) of the Criminal Code.