Document ID: chunk:federal_register_of_legislation:C2004A00879:clause:1_28
Version: federal_register_of_legislation:C2004A00879
Segment Type: clause
Provision Reference: sch 1 cl 28
Character Range: 8005–8519

28  Subsection 58(6)
Repeal the subsection, substitute:

 (6) Subsection (5) is an offence of strict liability.

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

 (7) Subsection (5) does not apply if:
 (a) the Governing Committee has a reasonable excuse; or
 (b) the member did not know that the Committee had failed to comply with subsections (3) and (4).

Note: A defendant bears an evidential burden in relation to the matters in subsection (7) (see subsection 13.3(3) of the Criminal Code).