Document ID: chunk:federal_register_of_legislation:C2004A00884:clause:1_120
Version: federal_register_of_legislation:C2004A00884
Segment Type: clause
Provision Reference: sch 1 cl 120
Character Range: 28748–29225

120  At the end of section 438C
Add:

 (6) Subsection (5) does not apply to the extent that the person is entitled, as against the company and the administrator, to retain possession of the books.

Note: A defendant bears an evidential burden in relation to the matter in subsection (6), see subsection 13.3(3) of the Criminal Code.

 (7) An offence based on subsection (5) is an offence of strict liability.

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