Document ID: chunk:federal_register_of_legislation:C2007C00177:clause:1_23
Version: federal_register_of_legislation:C2007C00177
Segment Type: clause
Provision Reference: sch 1 cl 23
Character Range: 13977–14541

23  Subsection 21W(5)
Repeal the subsection, substitute:

 (5) A person commits an offence if:
 (a) the person is or was the holder, or any of the holders, of a low volume permit; and
 (b) the person does an act or omits to do an act; and
 (c) the act or omission contravenes a condition to which the permit is subject.

Penalty: 300 penalty units.

 (5A) Subsection (5) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (5A) (see subsection 13.3(3) of the Criminal Code).