Document ID: chunk:federal_register_of_legislation:C2025C00131:section:38ba:p2
Version: federal_register_of_legislation:C2025C00131
Segment Type: section
Provision Reference: s 38BA (pt 2/2)
Character Range: 89618–90456

to the animal.
 (4) Strict liability applies to subsection (3) and paragraphs (3A)(b), (c) and (d).
Note: For strict liability, see section 6.1 of the Criminal Code.

Defence—prescribed circumstances
 (5) Subsections (1) and (3) do not apply if circumstances prescribed by the regulations for the purposes of this subsection exist in relation to the conduct. Any circumstances prescribed must relate to:
 (a) conduct engaged in during the period of 120 days after the day on which the zoning plan, or an amendment of the zoning plan, commenced; or
 (b) conduct engaged in after the end of that period if the person had applied for a permission for the purposes of the zoning plan during that period.
Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code.