Document ID: chunk:federal_register_of_legislation:C2025C00157:section:114:p2
Version: federal_register_of_legislation:C2025C00157
Segment Type: section
Provision Reference: s 114 (pt 2/2)
Character Range: 436453–437817

regulations; or
 (d) the product or service is State insurance (within the meaning of paragraph 51(xiv) of the Constitution) not extending beyond the limits of the State concerned.
Note: The defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3) of the Criminal Code.
 (5) A government entity is:
 (a) a Department of State of the Commonwealth; or
 (b) a Department of the Parliament established under the Parliamentary Service Act 1999; or
 (c) an Executive Agency, or Statutory Agency, within the meaning of the Public Service Act 1999; or
 (d) a Department of State of a State or Territory; or
 (e) an entity that is established for a public purpose by a law of the Commonwealth, a State or a Territory.

Determinations by ASIC
 (6) ASIC may, by legislative instrument determine that subsections (1) and (2) do not apply to a specified person or class of persons. The determination may be subject to conditions.
 (7) ASIC must not:
 (a) revoke a determination under subsection (6) relating to a specified person; or
 (b) vary such a determination by varying or including conditions to which the determination is subject;
unless ASIC has notified the person in writing that it is considering revoking or varying the determination.

Strict liability
 (8) Subsections (1) and (2) are offences of strict liability.