Document ID: chunk:federal_register_of_legislation:C2004A00882:clause:1_76
Version: federal_register_of_legislation:C2004A00882
Segment Type: clause
Provision Reference: sch 1 cl 76
Character Range: 20207–21017

76  At the end of section 85 of the Schedule
Add:

 (3) Subsection (1) does not apply to the extent that the person is authorised by a permit to engage in the conduct concerned.

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

 (4) Subsection (1) does not apply if the person has a reasonable excuse.

Note: The defendant bears an evidential burden in relation to the matter in subsection (4). See subsection 13.3(3) of the Criminal Code.

 (5) In subsection (1), strict liability applies to the physical element of circumstance, that it is the regulations that require an expiry date to be contained on a label attached to a container of the product.

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