Document ID: chunk:federal_register_of_legislation:C2004A00794:clause:21_109
Version: federal_register_of_legislation:C2004A00794
Segment Type: clause
Provision Reference: sch 21 cl 109
Character Range: 104515–105827

109  Subsection 233B(1A)
Repeal the subsection, substitute:

 (1AA) For the purposes of an offence against paragraph (1)(a), absolute liability applies to the physical element of circumstance of the offence, that the relevant possession is on board any ship or aircraft.

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

 (1AB) For the purposes of an offence against paragraph (1)(c) or (caa), absolute liability applies to the physical element of circumstance of the offence, that the prohibited imports have been imported into Australia in contravention of this Act.

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

 (1AC) For the purposes of an offence against paragraph (1)(ca), absolute liability applies to the physical element of circumstance of the offence, that the prohibited imports are reasonably suspected of having been imported into Australia in contravention of this Act.

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

 (1A) On the prosecution of a person for an offence against subsection (1), being an offence to which paragraph (c) of that subsection applies, it is a defence if the person proves that he or she did not know that the goods in his or her possession had been imported into Australia in contravention of this Act.