Document ID: chunk:federal_register_of_legislation:C2004A00794:clause:42_12
Version: federal_register_of_legislation:C2004A00794
Segment Type: clause
Provision Reference: sch 42 cl 12
Character Range: 143680–144209

12  After subsection 10(1)
Insert:

 (1A) For the purposes of an offence against subsection (1), absolute liability applies to the physical element of circumstance of the offence, that the person is in a Territory or on Commonwealth premises.

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

 (1B) Paragraph (1)(a) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (1B) (see subsection 13.3(3) of the Criminal Code).