Document ID: chunk:federal_register_of_legislation:C2004A00912:clause:1_50
Version: federal_register_of_legislation:C2004A00912
Segment Type: clause
Provision Reference: sch 1 cl 50
Character Range: 13250–14165

50  After subsection 25(1)
Insert:

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

Note: A defendant bears an evidential burden in relation to the matter in subsection (2), see subsection 13.3(3) of the Criminal Code.

 (3) A person must not fail:
 (a) to attend before an authorised officer; or
 (b) to take an oath or make an affirmation; or
 (c) to answer a question or produce an account, book, document or other record;
when so required under this Act.

Penalty: $3,000 or imprisonment for 6 months, or both.

 (4) Subsection (3) does not apply if the person has a reasonable excuse.

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

 (5) An offence against subsection (3) is an offence of strict liability.

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

Designs Act 1906