Document ID: chunk:federal_register_of_legislation:C2007C00177:clause:1_194
Version: federal_register_of_legislation:C2007C00177
Segment Type: clause
Provision Reference: sch 1 cl 194
Character Range: 44415–45139

194  After subsection 329(1)
Insert:

 (1A) For the purposes of an offence against subsection (1), strict liability applies to the physical element, that the person fails as mentioned in paragraph (1)(a).

Note: For strict liability, see section 6.1 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).

 (1C) Subsection (1) does not apply if the person merely refuses or fails to answer a question.

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