Document ID: chunk:federal_register_of_legislation:C2004A00783:clause:1_25
Version: federal_register_of_legislation:C2004A00783
Segment Type: clause
Provision Reference: sch 1 cl 25
Character Range: 10244–10852

25  Subsection 127(4)
Repeal the subsection, substitute:

 (4) A person who has been given a notice under subsection (1) must not fail to comply with the notice.

Penalty: $1,000 or imprisonment for 6 months, or both.

 (5) An offence under subsection (4) is an offence of strict liability.

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

 (6) Subsection (4) does not apply to the extent that the person is not capable of complying with the notice.

Note: The defendant bears an evidential burden in relation to the matter in subsection (6). See subsection 13.3(3) of the Criminal Code.