Document ID: chunk:federal_register_of_legislation:C2004A00794:clause:42_37
Version: federal_register_of_legislation:C2004A00794
Segment Type: clause
Provision Reference: sch 42 cl 37
Character Range: 149603–150624

37  At the end of section 20
Add:

 (3) 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 (3) (see subsection 13.3(3) of the Criminal Code).

 (4) 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 relevant premises are protected premises.

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

 (5) 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 protected person residing or performing duties on the premises; or
 (d) a person acting in accordance with authority conferred on him or her by such a protected person.

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