Document ID: chunk:federal_register_of_legislation:C2004A00923:clause:2_8
Version: federal_register_of_legislation:C2004A00923
Segment Type: clause
Provision Reference: sch 2 cl 8
Character Range: 6420–7349

8  Subsection 347(10)
Repeal the subsection, substitute:

 (10) A person must not refuse or fail to comply with a requirement made under section 343, 344 or 345.

Penalty: Imprisonment for 12 months.

 (11) Subsection (10) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (11) (see subsection 13.3(3) of the Criminal Code).

 (12) Subsection (10) does not apply to the extent that the person is not capable of complying with the requirement.

Note: A defendant bears an evidential burden in relation to the matter in subsection (12) (see subsection 13.3(3) of the Criminal Code).

 (13) For the purposes of an offence against subsection (10), strict liability applies to the physical element of circumstance, that the requirement was made under section 343, 344 or 345.

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