Document ID: chunk:federal_register_of_legislation:C2004A00794:clause:42_18
Version: federal_register_of_legislation:C2004A00794
Segment Type: clause
Provision Reference: sch 42 cl 18
Character Range: 144977–145989

18  At the end of section 12
Add:

 (3) For the purposes of an offence against subsection (1) or (2), absolute liability applies to the physical element of circumstance of the offence, that the premises are Commonwealth premises.

Note: For absolute liability, see section 6.2 of the Criminal Code.

 (4) For the purposes of an offence against paragraph (2)(c), strict liability applies to the physical element of circumstance of the offence, that the direction had been given by:
 (a) a constable; or
 (b) a protective service officer; or
 (c) a person authorised in writing by a Minister or the public authority under the Commonwealth occupying the premises to give directions for the purposes of this section.

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

 (5) Subsection (1) and paragraph (2)(c) do not apply if the person has a reasonable excuse.

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