Document ID: chunk:federal_register_of_legislation:C2004A00884:clause:1_55
Version: federal_register_of_legislation:C2004A00884
Segment Type: clause
Provision Reference: sch 1 cl 55
Character Range: 15874–16494

55  After subsection 206A(1)
Insert:

 (1A) For an offence based on subsection (1), strict liability applies to the circumstance, that the person is disqualified from managing corporations under this Part.

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

 (1B) It is a defence to a contravention of subsection (1) if the person had permission to manage the corporation under either section 206F or 206G and their conduct was within the terms of that permission.

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