Document ID: chunk:federal_register_of_legislation:C2004C01254:clause:3_103
Version: federal_register_of_legislation:C2004C01254
Segment Type: clause
Provision Reference: sch 3 cl 103
Character Range: 77442–78356

103  Subsections 5(3) and (4)
Repeal the subsections, substitute:

 (3) A person must not fail to comply with a requirement under subsection (1).

Penalty: $500.

 (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant complies with the requirement to the extent to which he or she is capable.

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

 (5) Strict liability applies to an offence under subsection (3).

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

 (6) A person commits an offence if:
 (a) the person does an act with the intention of avoiding the requirements of this section; and
 (b) the act results in the destruction, mutilation, defacing, concealment or removal of a book or document.

Penalty: $500.

Protection of the Sea (Civil Liability) Act 1981