Document ID: chunk:federal_register_of_legislation:C2004A00882:clause:1_117
Version: federal_register_of_legislation:C2004A00882
Segment Type: clause
Provision Reference: sch 1 cl 117
Character Range: 30620–31305

117  After subsection 162(8) of the Schedule
Insert:

 (8A) Subsection (8) does not apply to conduct engaged in with the intention of providing advice to the NRA in accordance with section 8 of the Agricultural and Veterinary Chemicals (Administration) Act 1992 or making a recommendation to the NRA in accordance with paragraph 111(1)(c).

Note: The defendant bears an evidential burden in relation to the matter in subsection (8A). See subsection 13.3(3) of the Criminal Code.

 (8B) In subsection (8), strict liability applies to the physical element of circumstance, that the disclosure was under subsection (7).

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