Document ID: chunk:federal_register_of_legislation:C2004A00876:clause:1a_15
Version: federal_register_of_legislation:C2004A00876
Segment Type: clause
Provision Reference: sch 1A cl 15
Character Range: 11189–12024

15  Subsection 316(5)
Repeal the subsection, substitute:

 (5) A person is guilty of an offence if the person refuses to comply with a notice under subsection (2A), (3) or (3A) to the extent that the person is capable of complying with the notice.

Penalty: $1,000.

 (5A) A person is guilty of an offence if the person fails to comply with a notice under subsection (2A), (3) or (3A) to the extent that the person is capable of complying with the notice.

Penalty: $1,000.

 (5B) Strict liability applies to an offence against subsection (5A).

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

 (5C) Subsection (5) or (5A) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (5C) (see subsection 13.3(3) of the Criminal Code).